Phoenix Ins. v. Erie & W. Transp. Co.
District Court, E.D. Wisconsin
This was a libel to recover for the loss of certain shipments of grain delivered on hoard the propeller Merchant July 24, 1874, at Chicago, to be transported, so far as it was to be carried on the Lakes, to Erie, Pennsylvania. At the time stated, libellant was a corporation of the state of New York, authorized to transact a general lake and inland insurance business.
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This was a libel to recover for the loss of certain shipments of grain delivered on hoard the propeller Merchant July 24, 1874, at Chicago, to be transported, so far as it was to be carried on the Lakes, to Erie, Pennsylvania. At the time stated, libellant was a corporation of the state of New York, authorized to transact a general lake and inland insurance business. Respondent was a corporation of the state of Pennsylvania, authorized to carry on the business of lake transportation, and was the proprietor of a line of propellers running between Erie and Lake ports, designated as the “Anchor…
1Opinion of the Court
DYEIt. District Judge.
Upon the issues made by the pleadings, three questions arise, which were very fully and ably argued at the bar [as the principal questions in the ease]:3
1. Has the court jurisdiction of the subject-matter of this action?
2. If the court has jurisdiction, and the case is to be considered on its merits, was the loss occasioned solely by a peril of navigation, or by the unseaworthiness of the vessel or the negligence and unskillfulness of those in charge of her, either in connection with, or in the absence of such peril?
3.Is the respondent entitled to the benefit of the…
2Cases cited4 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Mercantile Mutual Insurance Company v. . CalebsNew York Court of Appeals · 1859
3Cited by6 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Jackson Co. v. Boylston Mutual InsuranceMassachusetts Supreme Judicial Court · 1885
- Fayerweather v. . Phenix Ins. Co.New York Court of Appeals · 1890
- California-Atlantic S. S. Co. v. Central Door & Lumber Co.Court of Appeals for the Ninth Circuit · 1913
- Botsford v. Union Marine Ins.Court of Appeals for the Seventh Circuit · 1893
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