Caldwell v. St. Louis Perpetual Insurance
Supreme Court of Louisiana
APPEAL from the Commercial Court of New Orleans, Watts, J. A loss by collision is a loss by the perils of the river, and is covered by the policy. Hughes on Ins. p. 216. 1 Phillips on Ins, p.. 636. Peters v.- Warren Ins. Co., 14 Peters 112. The general competency of the pilot of the Buckeye is established by the evidence; ,and negligence on his part is no defence against an action by the assured, unless it violate some of the implied warranties of the policy.
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APPEAL from the Commercial Court of New Orleans, Watts, J. A loss by collision is a loss by the perils of the river, and is covered by the policy. Hughes on Ins. p. 216. 1 Phillips on Ins, p.. 636. Peters v.- Warren Ins. Co., 14 Peters 112. The general competency of the pilot of the Buckeye is established by the evidence; ,and negligence on his part is no defence against an action by the assured, unless it violate some of the implied warranties of the policy. Waters v. Merchant's Louisville Ins. Co, 11 Peters, 213. 10 Peters, 507. 3 Peters,'222. Hughes on Ins, 216, 217. 1 Phillips on Ins.…
1Opinion of the Court
The judgment of the court was pronounced by
Slidell, J.
The defendants effected insurance in favor of the plaintiff on the steamer Buckeye, for a certain term, the boat to be employed in the navigation of the Mississippi river, from New Orleans as high as Fort Adams. The policy was executed at New Orleans. She was lost on a voyage within the policy. The plaintiff claimed for a total loss, and he had judgment in his favor in the court below. The defendants have appealed.
The first point of defence presented by counsel is, that the Buckeye was un-seaworthy, upon which point three propositions are…
2Cited by1 opinion
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