Long Dock Mills & Elevator Co. v. Mannheim Ins.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the South-, ern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, dismissing a libel for a mariñe loss insured by appellee. The libelant had shipped a cargo of hay,, grain, and feed, in bags, on the canal boat A. J. Squires, for transportation on the Harlem river to Kingsbridge.
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Appeal from the District Court of the United States for the South-, ern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, dismissing a libel for a mariñe loss insured by appellee. The libelant had shipped a cargo of hay,, grain, and feed, in bags, on the canal boat A. J. Squires, for transportation on the Harlem river to Kingsbridge. The loss occurred October 23, 1900, in the Mott Haven Canal; the boat listing, filling, and sinking while tied to the dock.
1Opinion of the Court
EACOMBE, Circuit Judge.
There is some question, upon the proofs, as to whether the cargo of the Squires was insured solely by a certain certificate of insurance, or by a more elaborate form of policy to which the certificate referred. This question need not be discussed, since the result would be the same, whichever way.it were answered. If the sinking of the boat were caused by impalement on an unknown obstruction alongside the dock, the insurance company would be liable. If it were not so caused, the evidence warrants no other conclusion than that the accident happened because of the boat’s…
2Cited by1 opinion
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