The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-17
Interesting Question OF Insurance Law.
COURT OF COMMON PLEAS.
Before Hon. Judge Brady.

DEC. 1o.-John o WoodruT d %. %. The Ccmmercia
Mutual In,wance Company This was an action on .
marine policy OF insurance issued BY the defendants to
70 the plaintiffs 7,e5s sacks or wheat pped on board
the ship Toulon, 1t New Orleans by tho PLAINTIFF and
consigned TO themselves At New York. The Touion de-
parted on her voyage the last Of December 1885, and
arrived q this port in January, 1855 By the testimony
adduced by Messrs. oConor and Marsh appears .hs.
nr,t one splitting her iore,op sail and sr.ninS her.
Another gale the captain describes scveres
the edge the Gu and inc shisas wiad producing an
ugly cross sea. The swept her deck
s ,sor IN ~ o ne a. nacnnoose ned the VENT
square. The water lay on the deck that everything
thereon was anoat, and Impossible for some TWEEN
water poured through this hole left by the vcnaa,or
being gone. TO s fun capacity that part wheat
stored between decks The roulon also leaked badly ali
along her ways two or three feet of wa
ter got into her hold The rolling Of the ship caused thus
70 wash up through tho wheat was found 90 her ar
tiers Of that which In the bold black aud good
Tor nothing, the sacks destroyed and the whcat
well 90 that slowed between decks which was not &C
tuAy touched by the water ia nad natural STATE vas
damaged ny absorption, vapor and steam arising as a
consequence Of the other portion being wet
kessrs Cutting and Booth appeared for tho defend snts
damaged by actual contact Of sea wster by sss osri
but - 70 the balance they contend that was Injured
nos by actual contact Of sea water but By the
tor, &C., therefrom and that they liable
latter damage, under the following clause OF their policy
Warranted By The insured fres from damage Injury
from dampness change of flavor or being spotted du-
oolored, musy or muddy except caused by actual con.
tact Of water with the articles damaged occa,oned
BY sea psris In Of partial lose by damage 70
orr goods cutlery other hardware, loss shah be
ascerianed BY separation and sale OF the portions ooy
Of the contents Of the packages damaged, and not
ctnerwho, and the same pfAcae shali obtain all
other merchandise, ~ far ~ ps stcabev Tho PLAN dns
contend that this water does refer 10 grain
IT all because by tho memorar dun the COMPANY had
exempted themselves from liabilities for grain except Tor
total loss or general average and therefore would be
absurd for the company 70 say that they would not be
liable 81 oil tor Grsin unless for total destruction and
then 70 say that even for partial damage they would
not be liable, caused Ia certain speciaed ways
That the article damaged did In oontsc, with see
water 70 Wit the whca-aDd the defendants
The line That the fair intent Of this to provide
against inherent difficulties, either 10 the article ITSELF
OF the natural dsmpuess and wording OF the ship but
that has no application where, by peril sos water
GENES In, and by actual costac Injuries part given
shipment, and, by consequence the rest And that by
previous written clause IN their policy (which they
CONTEND overrdes the printed formula wherever
btent) u provided that gran shall be sub iecs N
average, damaged ten per cent by q VOYAGE AZ
this was damaged more than per cont II Is cIa med
~ plaintiffs that deferoans absolutely bound 10 paw
The amount claimed see7s 90 aad interest Toe case
10 stili