Hibernia Bank & Trust Co. v. Jacob A. Zimmerman & Sons, Inc.

On October 15, 1915, the plaintiff bank sued the defendant corporation for the value of a certain floating pile driver and its equipment which were destroyed in the hurricane that swept over the city of New Orleans in the latter part of the month of September, 1915. At the time of its loss the property was owned by one Wren, plaintiff’s assignor, and was in the possession of plaintiff as lessee. The defendant corporation denied liability, on the ground that the leased property was destroyed by an act of God and not through any negligence on its part. After hearing much testimony on this…