Western Assur. Co. v. Southern Cotton Oil Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana. This was a libel by the Southern Cotton Oil Company against the Western Assurance Company to recover upon a policy upon a cargo of cotton seed shipped on board the model barge Charlie Pierce and damaged by the filling of that barge while moored at New Orleans. See Western Assur. Co. v. Southwestern Transp.
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Appeal from the District Court of the United States for the Eastern District of Louisiana. This was a libel by the Southern Cotton Oil Company against the Western Assurance Company to recover upon a policy upon a cargo of cotton seed shipped on board the model barge Charlie Pierce and damaged by the filling of that barge while moored at New Orleans. See Western Assur. Co. v. Southwestern Transp. Co., 68 Fed. 923. There was a decree below, based upon the report of a commissioner, in favor of libelant for $6,35499. Defendant appealed.
1Opinion of the Court
PARDEE, Circuit Judge.
This is an appeal from a decree in admiralty condemning the appellant, as insurer of the cargo of the model barge Charlie Pierce, to pay the loss occasioned by the sinking of said barge on November 12,1891. ' The whole contention is whether the barge was seaworthy. The evidence thereon is the; same as in Western Assur. Co. v. Southwestern Transp. Co., (No. 377 of the docket of this court, just decided) 68 Fed. 923, and, on the issue of unseaworthiness of the barge, must be ruled the same way. At the same time, we notice that the case in favor of the Southern Cotton Oil…
2Cases cited1 opinion
- Western Assur. Co. v. Southwestern Transp. Co.Court of Appeals for the Fifth Circuit · 1895
3Cited by2 opinions
- Paddock-Hawley Iron Co. v. Providence-Washington InsuranceMissouri Court of Appeals · 1906
- New Orleans, T. & M. Ry. Co. v. Union Marine InsuranceCourt of Appeals for the Fifth Circuit · 1923