The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-02-08
INSURANCE. cls
one OF INTEREST
WHEATON, PACKING co. on Ar
PEAL RAISES POINT Al TO
PRESENCE OF WATERMAN.


An interesting case was argued
Wednesday morning In the United
States Circuit Court Of appeals, II be-
ing that of the Wheaton Packing
Company. Virginia corporation.
plaintiff in error. against the EetnA
Insurance Company. defendant in ef-
ror. of Baltimore.
The suit Is an action to recover on
a marine insurance policy for $4,000
covering the steamer Mabel w. Gould-
man, which was destroyed by FIRE on
the evening Of November Z. 1908. In
The temporary absence of the watch
man, and while all the members OF
the crew were ashore.
The contention OF the Insurance.
company. which was sustained by the
court below, was that their policy con-
tanned a warranty that competent
Waterman should always be on duty
on the boat and the fact that the firo
occurred in the absence of such
Waterman voided the claim OF the
owners.
The packing company contends that
It had employed such a Waterman a.
contemplated in their policy; that
they had provided suitable quarters
on the boat for him; that he was
charged not to leave the ship at any
time when the crew was absent, and
that the watchman's failure to carry
out their instructions did not constf-
tute violation of the terms Of the
policy. The case was submitted.
The United States Circuit Court OF
Appeals reconvened this morning at
IL O'Clock. with Circuit Judges Con-
and Pritchard and District Judges
Brawley, Mcdowell Dayton and Con-
nor In attendance.
John F. Foley, of New York City.
was admitted to practice in this court.
Court announced and handed down
it's opinion in the following cases:
M. 9S7. Lucien II. Wilson. PLAINTIFF
in error, VS.. United States of Amer
lea. defendant in error: in error to
the Circuit Court at Philippi, w. Va.
Per curiam opinion. Affirmed.
No. s97. Felipe Barreda 0snia.
appellant. VS. Alexander Brown a
sons, appellees; appeal from the Cir
cult Court at Baltimore. Md. Per
curtain opinion. Affirmed with costs.
The following case was argued:
No. 971. Wheaton Packing Conn
pany. plaintiff in error. VS.. Eatna
Insurance Company. defendant in err
ror: In error to the Circuit Court at
Baltimore. Md. Cause argued by
| Alonzo L. Miles, of Baltimore, Nd.
for the plaintiff In error. and by
John F. Foley, of New York City.
for the defendant in error, and sub
mitted
Court made and entered an order
| denying a rehearing in the following
case:
No. 943 The Tredegar Company,
appellant. VS.. Seaboard Air Line rail-
way and receivers. appellees appeal
from the Circuit Court at Richmond,
Va, Supplemental petition of appel
liant for u rehearing denied.
Court adjourned until tomorrow
morning at IL o'clock.
Cases In Call morrow.
| No. 9I8. Bany of Marion. appellant,
va. s. w. Norwood, trustee In bank
| ruptcy of G. ]. Mcdonald & Sons, APP
peilee; appeal from the District Court
| at Charleston. s. c. In bankruptcy.
| To be argued by b. A. Hagood, OF
| Charleston. s. c.. and F. L. Wilcox,
| of Florence. S. c., for the appellant.
| and by w. j. Montgomery and j. w.
| johnson, of Marion, s. c.. for the app
| pellee.
| No. 9S2. Elizabeth Land 4 Lumber
Company. appellant. VS.. Kanawha
| Lumber Corporation, appellee; appeal
| from the Circuit Court at Charleston.
| s. c. To be argued by M. c. Woods,
| of Marion. s. c., and John n. Sebreli,
Jr.. or Norfolk. Va. for the appel
liant. and by Wilcox & Wilcox, Of
| Florence, s. c., for the appellee