Cable v. St. Louis Marine Railway & Dock Co.
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was an action by the owners of the steamboat James Hewitt, to recover damages for the sinking of said boat by the negligence of the defendant.
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Error to St. Louis Court of Common Pleas. This was an action by the owners of the steamboat James Hewitt, to recover damages for the sinking of said boat by the negligence of the defendant. At the trial, there was evidence tending to show that, at the time of the loss, there was an insurance upon three-fourths of the boat, and that immediately afterwards, and before the commencement of this suit, the interest insured was by the plaintiffs abandoned to and accepted by the underwriters. The defendant asked the court to instruct the jury that, in respect to the interest abandoned, the right of…
1Opinion of the CourtScott, Judge
All other questions in this cause have been abandoned except that in relation to the right of the plaintiffs to maintain this action for the entire value of the boat.
There can be no doubt but that the plaintiffs would have been the proper parties to institute this action for the entire sum claimed, had it been brought under our former system of practice. Though there had been an abandonment of the subject *135insured, and that abandonment accepted by the underwriters, yet the action would have been properly brought for the full value of the boat in their names.
It remains, then, to be seen,…
2Cited by12 opinions
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- General Exchange Ins. Corp. v. YoungSupreme Court of Missouri · 1948
- Kroeker v. State Farm Mutual Automobile Insurance Co.Missouri Court of Appeals · 1971
- Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Hayes v. JenkinsMissouri Court of Appeals · 1960
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