Coles v. Marine Ins.
U.S. Circuit Court for the District of Pennsylvania
In admiralty. Action on a policy on the Brothers, on a voyage from a port on the Brazil coast, to Canton, with liberty to touch or stop at the Pegu islands, or any other islands, ports, or places, the master may think proper, to take and trade for refreshments, sandal wood, skins, birds’ nests, or any other articles. Premium 10 per cent., to return 2% on safe arrival; valued at 10,000 dollars; 9,000 insured; warranted American property.
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In admiralty. Action on a policy on the Brothers, on a voyage from a port on the Brazil coast, to Canton, with liberty to touch or stop at the Pegu islands, or any other islands, ports, or places, the master may think proper, to take and trade for refreshments, sandal wood, skins, birds’ nests, or any other articles. Premium 10 per cent., to return 2% on safe arrival; valued at 10,000 dollars; 9,000 insured; warranted American property. This vessel sailed from tlie port, in company with a ship called the Hope, belonging to the plaintiffs, under an agreement to keep company during the voyage,…
1Opinion of the CourtWashington, Circuit Justice
(charging tlie jury). The loss laid in the declaration, is by a peril of the sea. The cause of the loss forms the only point of your inquiry. If it arose from the ordinary circumstances of such a voyage as this was, as from sea damage, or the wear and tear; which, without the action of any extraordinary cause, was to be expected; the insurer is not liable. But, if it happen in consequence of the violence of the winds and waves, running on rocks, or the like; these are perils against which the insurer agrees to indemnify. It is not sufficient for the insured to prove that there were storms…
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