Richelieu & O. Nav. Co. v. Boston Marine Ins. Co.
U.S. Circuit Court for the District of Eastern Michigan
Ou Motion for New Trial. This was an action upon a policy of insurance, whereby the defendant insured the steamer Spartan in the sum of $10,000 against all losses occasioned by perils of the sea, “excepting all perils, losses, misfortunes, or expenses consequent upon and arising from or caused by the following or other legally excluded causes, yíz. : Damages that may be done by the vessel hereby insured to any other vessel or property; incompetency of the rgaster or…
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Ou Motion for New Trial. This was an action upon a policy of insurance, whereby the defendant insured the steamer Spartan in the sum of $10,000 against all losses occasioned by perils of the sea, “excepting all perils, losses, misfortunes, or expenses consequent upon and arising from or caused by the following or other legally excluded causes, yíz. : Damages that may be done by the vessel hereby insured to any other vessel or property; incompetency of the rgaster or insufficiency of the crew, or ivant of ordinary care and shill in navigating said vessel, and in loading, stowing, and securing…
1Opinion of the CourtBrown, J.
It is insisted that the court erred—
1. In admitting the protest made by the master and crew after the Spartan had been gotten off and taken to Windsor. The protest was admitted under the following circumstances: Plaintiff put in evidence the proofs of loss served upon the defendant. These proofs recited, that “ the said vessel, in the prosecution of a voyage, ran ashore on the north-east shore of Caribou island, and became a wreck and total loss, and was duly abandoned by her owners to the insurers, as will appear by certified copies of the protest of her master and mariners heretofore served…
2Cases cited31 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
26 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Flint & P. M. R. Co. v. Marine Ins.U.S. Circuit Court for the District of Eastern Michigan · 1895
- Pacific Coast Coal Co. v. Alaska S. S. Co.Court of Appeals for the Ninth Circuit · 1940
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