New York & Boston Despatch Express Co. v. Traders' & Mechanics' Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, by which the defendant insured the plaintiffs for one year from August 8, 1879, “ against all such immediate loss or damage as may occur by fire ” to merchandise on board either of the steamboats of the Providence and Stonington Steamship Company.
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Contract upon a policy of insurance, by which the defendant insured the plaintiffs for one year from August 8, 1879, “ against all such immediate loss or damage as may occur by fire ” to merchandise on board either of the steamboats of the Providence and Stonington Steamship Company. At the trial in the Superior Court, before Hockwell, J., the plaintiffs offered to prove the following facts : On the night of June 11, 1880, the steamboat Narragansett, belonging to the Providence and Stonington Steamship Company, came into collision with the steamboat Stonington on Long Island Sound, about…
1Opinion of the CourtEndicott, J.
There is no question that the defendant would be liable on its contract of insurance, if the fire was the cause of the loss of the plaintiffs’ goods. It is fairly to be inferred from the report, that the collision was the cause of the fire; and fire caused by collision is not within the exceptions of the policy.
In order to entitle a party to recover on a policy insuring his goods against loss by fire, it is not necessary that the goods themselves should be injured or consumed by the fire. The insurer is liable for all losses which result from the fire, and can be fairly attributed to it. If…
2Cases cited6 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Peters v. Warren InsuranceSupreme Court of the United States · 1840
- Insurance Co. v. Transportation Co.Supreme Court of the United States · 1871
- City Fire Insurance v. CorliesNew York Supreme Court · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Lynn Gas & Electric Co. v. Meriden Fire InsuranceMassachusetts Supreme Judicial Court · 1893
- Whitcomb v. BaconMassachusetts Supreme Judicial Court · 1898
- Russell v. German Fire InsuranceSupreme Court of Minnesota · 1907
- O'Connor v. Queen Insurance Co. of AmericaWisconsin Supreme Court · 1909
11 more not listed; retrieve them via the Exa API.