Legal Opinion

Johnson v. Northwestern National Insurance

Wisconsin Supreme Court

Decided August 15, 1875PublishedCited by 7 opinions

APPEAL from tie County Court of Mihocmkee County. Action on a policy of marine insurance. Verdict for the-plaintiff, and judgment thereon, from -which the defendant appealed.

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APPEAL from tie County Court of Mihocmkee County. Action on a policy of marine insurance. Verdict for the-plaintiff, and judgment thereon, from -which the defendant appealed. The facts sufficiently appear in the opinion. among other points, argued,, 1. That the motion for a nonsuit should have been granted,, because, if the words used in the policy were of doubtful meaning, so as to make parol evidence admissible to explain them, it was incumbent upon the party offering the instrument to-' produce such evidence, that it might be known what, if any,, his rights were; and if the words are…

1Opinion of the CourtCole, J.

This is an action on a marine policy of insurance issued by the defendant upon a schooner, the property of the plaintiff. The vessel was lost while taking in a load of wood at a bridge pier near Bayley’s Harbor on the west shore of Lake Michigan. The policy had printed on the margin the words, u Loading offshore prohibited.” The important question in the case is in regard to the meaning of these words in the *90policy, and as to whether they did or did not prohibit loading at a bridge pier.

The plaintiff introduced the policy in evidence, proved the time and circumstance attending the loss of the…

2Cases cited2 opinions

  1. Barlow v. . ScottNew York Court of Appeals · 1861
  2. Morse v. Buffalo Fire & Marine InsuranceWisconsin Supreme Court · 1872

3Cited by7 opinions

  1. Wisconsin Marine & Fire Insurance Co. Bank v. WilkinWisconsin Supreme Court · 1897
  2. T. B. Scott Lumber Co. v. Hafner-Lothman Manufacturing Co.Wisconsin Supreme Court · 1895
  3. Braun v. Wisconsin Rendering Co.Wisconsin Supreme Court · 1896
  4. Skalicky v. Friendship Electric Light & Power Co.Wisconsin Supreme Court · 1927
  5. Smith v. SmithSupreme Court of Kansas · 1885

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