Walsh v. Washington Marine Insurance
The Superior Court of New York City
This action was brought to recover the amount of a marine policy on the ship Senator. The complaint, among other things, alleges that on the 22d of August, 1862, the ship Senator being sound,, staunch and seaworthy, and well fitted and equipped for a sea voyage, sailed from the port of New York for the port of Liverpool, and that while she was proceeding hence she was wrecked and totally lost by the perils of the sea.
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This action was brought to recover the amount of a marine policy on the ship Senator. The complaint, among other things, alleges that on the 22d of August, 1862, the ship Senator being sound,, staunch and seaworthy, and well fitted and equipped for a sea voyage, sailed from the port of New York for the port of Liverpool, and that while she was proceeding hence she was wrecked and totally lost by the perils of the sea. The answer sets up, as a principal cause of defense, that at the time of the sailing of said ship from the port of New York, she was unsound, rotten and unseaworthy, and in…
1Opinion of the Court
By the Court, McCunn, J.
In disposing of this case, it will be necessary to give a careful consideration to the question of the alleged unseaworthiness of the ship at the inception of the voyage, as the counsel for the defendants rely principally upon that fact, and also upon the fact, that -the verdict is against the weight of evidence, and is not in accordance with the charge of the learned Chief Justice, who tried the case. ,
■A number of witnesses, and some of them agents and employees of the defendants’ company, who had closely examined the ship before she sailed, testified, as far as they…
2Cases cited4 opinions
- Embree v. EllisNew York Supreme Court · 1807
- Barnewall v. ChurchNew York Supreme Court · 1803
- Fontaine v. Phœnix InsuranceNew York Supreme Court · 1813
- Sherwood v. RugglesThe Superior Court of New York City · 1848
3Cited by3 opinions
- Ex Parte GfellerSupreme Court of Missouri · 1903
- Shanghnessy v. FoggSupreme Court of Louisiana · 1860
- Saul v. BrandSupreme Court of Louisiana · 1846