Lawton v. Royal Canadian Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Action on a policy of marine insurance upon the tug Ormsby. The defense was, that the loss was caused' by the unseaworthy condition of said tug, and by the negligent and unskilful manner in which she was handled. There was a special verdict, and judgment thereon for the plaintiff. Those parts of the verdict which are important here, are recited in the opinion. Defendant appealed from the judgment.
1Opinion of the CourtCole, J.
The findings of the jury in this case, upon material questions submitted to them, are so inconsistent with each *164other as to require a new trial. It was, of course, the plain duty of the master of the tug to do whatever a prudent, skilful seaman, in the exercise of a sound judgment, would have done under the circumstances to prevent the loss of the vessel. This was the express provision of the contract. Now, the fifth question submitted at the request of the plaintiff was this: “ Did the master then in command of the boat Ormshy do all that a skilful, careful and prudent seaman could do to…
2Cases cited3 opinions
- Haas v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
- Kearney v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- Merchants' Mutual Insurance Co. v. Sweet ex rel. MitchellWisconsin Supreme Court · 1858
3Cited by2 opinions
- Read v. Agricultural Insurance Co.Wisconsin Supreme Court · 1935
- Burns v. North Chicago Rolling Mill Co.Wisconsin Supreme Court · 1884