Continental Ins. Co. v. Sabine Towing Co.

I do not concur in the majority opinion.

The words “fault or privity” as used in the policy of insurance should not be limited to the interpretation placed upon similar language used in the American and English limitation of liability statutes.

I do not agree that the words “fault or privity” have a “plain and settled meaning in both popular and legal usage.” There seem to be no decisions construing the same or similar language in policies of marine insurance and I think the oral testimony of qualified witnesses, such as was offered in this case, was admissible to show that the words “fault or…