Lehigh Valley R. Co. v. Providence Washington Ins.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Por opinion below, see 167 Ped. 223. In the policy sued upon the respondent insured the libelant, “for account of whom it may concern, on all kinds of grain and flaxseed, against any and all risks and perils of fire, inland navigation and transportation, the property of the assured or held in trust or custody, or as freighter, forwarder, bailee or common carrier, while on board barge…
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Appeal from the District Court of the United States for the Southern District of New York. Por opinion below, see 167 Ped. 223. In the policy sued upon the respondent insured the libelant, “for account of whom it may concern, on all kinds of grain and flaxseed, against any and all risks and perils of fire, inland navigation and transportation, the property of the assured or held in trust or custody, or as freighter, forwarder, bailee or common carrier, while on board barge or barges, lighter or lighters, boat or boats, float or floats.” On January- 23, 1903, while the policy was in force.…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The question of primary importance in this case is whether the action was commenced within the 12-months limitation period of the policy. If the limitation is a bar, there is no necessity for considering the other questions presented. The disaster which caused the damage to the grain occurred in 1903. If this were the “disaster” of the limitation clause, this action — begun in 1907 — was commenced too late. If, on the other hand, the decree which held the libelant liable was, with respect tq it, the “disaster,” the action was commenced in time. In other…
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