Miami Jockey Club v. Union Assur. Soc., Ltd.

(specially concurring).

I agree with the majority that the policy insured, not. against loss or damage to property, but against legal liability for its loss or damage. I agree with them, too, that plaintiff’s declaration contains no allegation that the property has been lost or damaged, and therefore fails “to allege a legal liability for loss or damage to property while in the hands of the carrier.” I therefore concur in affirming the judgment. I also concur in affirming it without prejudice to a better suit.

I do not, however, concur with what is said in the opinion as to the right of…