Houston Direct Navigation Co. v. Insurance Co. of North America
Texas Supreme Court
Error to Court of Civil Appeals for First District, in an appeal from Galveston County. The Insurance Company of North America, having paid to the owner a loss under one of its policies upon certain cotton shipped upon a barge of the Houston Direct Navigation Company and burned thereon while being unloaded at Galveston, sued the carrier therefor, the latter defending under a clause in the bill of lading exempting it from liability for loss by fire.
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Error to Court of Civil Appeals for First District, in an appeal from Galveston County. The Insurance Company of North America, having paid to the owner a loss under one of its policies upon certain cotton shipped upon a barge of the Houston Direct Navigation Company and burned thereon while being unloaded at Galveston, sued the carrier therefor, the latter defending under a clause in the bill of lading exempting it from liability for loss by fire. Plaintiff had judgment in the trial court, which was affirmed by the Court of Civil Appeals.
1Opinion of the Court
BROWN, Associate Justice.
Insurance Company of North America sued the Direct Navigation Company to recover damage done to and the value of cotton destroyed by fire while in the possession of the Navigation Company,—the insurance company having paid the loss to the owners of the cotton, which had been shipped from Houston on a barge belonging to the navigation company, and insured for the owners by the Insurance Company of North America. The insurance company claimed to be subrogated to the rights of the owners. The navigation company pleaded a general denial, and by special answer to the…
2Cases cited5 opinions
- The Daniel BallSupreme Court of the United States · 1871
- Coe v. ErrolSupreme Court of the United States · 1886
- Missouri Pacific Railway Co. v. Sherwood, Thompson & Co.Texas Supreme Court · 1892
- Heiserman v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884
- Foster v. DavenportSupreme Court of the United States · 1859
3Cited by22 opinions
- United States v. Colorado & N. W. R. Co.Court of Appeals for the Eighth Circuit · 1907
- Standard Oil Co. v. United StatesCourt of Appeals for the Second Circuit · 1910
- Freeman v. PowellCourt of Appeals of Texas · 1911
- Keystone Motor Freight Lines v. Brannon-Signaigo Cigar Co.Court of Appeals for the Fifth Circuit · 1940
- Texas & Pacific Railway Co. v. TaylorTexas Supreme Court · 1910
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