Northwestern Transp. Co. v. Continental Ins. Co.
U.S. Circuit Court for the District of Eastern Michigan
On Motion for a New Trial. This was an action upon a policy of insurance upon the steamer Manitoba, whereby the plaintiff was insured in the sum of $10,000 against total loss and general average only. On the sixth of November, 1883, the steamer left Port Arthur upon Lake Superior, bound for Sarnia, and in the course of her voyage reached the harbor of Southhampton on Lake Huron, November 11th. The wind was then blowing from the south-west.
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On Motion for a New Trial. This was an action upon a policy of insurance upon the steamer Manitoba, whereby the plaintiff was insured in the sum of $10,000 against total loss and general average only. On the sixth of November, 1883, the steamer left Port Arthur upon Lake Superior, bound for Sarnia, and in the course of her voyage reached the harbor of Southhampton on Lake Huron, November 11th. The wind was then blowing from the south-west. On arriving at the harbor she bore toward the north breakwater, got out her moorings, and laid along-side of the breakwater. About half past 5 o’clock the…
1Opinion of the CourtBrown, J.
Defendant insured the Manitoba against total loss and general average. The stipulation expressly shows that the steamer was voluntarily stranded on Chantry island to save her from total loss. The liability of the defendant for its proportion of the general average expenses incurred by reason of the stranding was admitted, but it was assumed that such liability was limited to the cost of getting her off, taking her to Detroit, and to such repairs as were necessary to keep her afloat. The insurers having performed this much of their imdertaking, she was surveyed and tendered back to her owners.…
2Cases cited9 opinions
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- Truesdail v. WardMichigan Supreme Court · 1871
- Copelin v. Insurance Co.Supreme Court of the United States · 1870
- Dann v. CudneyMichigan Supreme Court · 1865
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3Cited by4 opinions
- Chicago S. S. Lines v. United States Lloyds, Inc.Court of Appeals for the Seventh Circuit · 1926
- Soelberg v. Western Assur. Co.Court of Appeals for the Ninth Circuit · 1902
- Alliance Insurance v. Producers Cotton Oil Co.Mississippi Supreme Court · 1914
- Firemen's Fund Ins. v. Gulf Transp. Co.Mississippi Supreme Court · 1924