Thebaud v. . Great Western Ins. Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered February 20,1895, upon an order overruling defendant’s exceptions, ordered to be heard in the first instance at General Term, and directing judgment upon a verdict in favor of plaintiff. The nature of the action and the facts, so far as material, ■ are stated in the opinion. The Dos Hermanos was unseaworthy.
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Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered February 20,1895, upon an order overruling defendant’s exceptions, ordered to be heard in the first instance at General Term, and directing judgment upon a verdict in favor of plaintiff. The nature of the action and the facts, so far as material, ■ are stated in the opinion. The Dos Hermanos was unseaworthy. There was no evidence of her seaworthiness to go to the jury, and the court erred in submitting that question to them and in refusing to dismiss the complaint or to direct a…
1Opinion of the CourtO’Brien, J.
This was an action by the owners of a steamboat upon a piolicy of marine insurance. The issues in the case were tried before a jury, and the plaintiff recovered.
On the 28th of June, 1884, the steamer Dos Hermanos was in process of construction at the port of Philadelphia for use as a river steamer at or near Frontera, Mexico. She was not constructed or intended for use upon the open sea, but for service upon the rivers or other inland waters of the country where she was destined for use. On the day mentioned, the defendant issued to the plaintiff its policy of marine insurance upon this…
2Cases cited9 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
- Bennett v. . BuchanNew York Court of Appeals · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Compania De Navegacion Interior, S. A. v. Fireman's Fund InsuranceSupreme Court of the United States · 1928
- Spalding v. New Hampshire Fire InsuranceSupreme Court of New Hampshire · 1902
- Fireman's Fund Ins. v. Compania De Navegacion, Interior, S. A.Court of Appeals for the Fifth Circuit · 1927
- Farmers' Feed Co. v. Insurance Co. of North AmericaDistrict Court, S.D. New York · 1908
- Farmers' Feed Co. v. Insurance Co. of North AmericaCourt of Appeals for the Second Circuit · 1908
8 more not listed; retrieve them via the Exa API.