This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1870 edition. Excerpt: ...d'Assurance, n. 49. Estrangin, a very
excellent modern commentator upon Pothier, (Es-trangin's note, )
asserts that there is not the slightest doubt on the subject.
Emerigon, whose reputation as a writer on the law of insurance is
second to no one, unequivocally adopts the same opinion. Emerig.
Assur. c. 12, 14, pp. 414-417. In short, all those learned
foreigners hold the doctrine that whenever the thing insured
becomes by law directly chargeable with any expense, contribution,
or loss, in consequence of a particular peril, the law treats that
peril, for all practical purposes, as the proximate cause of such
expense, contribution, or loss. And this they hold, not upon any
peculiar provisions of the French ordinance, but upon the general
principles of law applicable to the contract of insurance. In our
opinion this is the just sense and true interpretation of the
contract. It has been suggested that there is a difference between
our policies and the French policies; the latter containing an
express enumeration of fortuitous collision, or running foul,
(abordage fortuity as a peril insured against; while in our
policies it falls only under the more general head of "perils of
the sea." But this furnishes no just ground for any distinction in
principle. The reasoning, if any, to be derived from this
circumstance, would seem rather to apply with more force in favor
of the plaintiff, since, even when the risk of collision is
specifically enumerated, the expenses and contribution attendant
upon it are treated as inseparable from the direct damage to the
vessel itself, as a part of the loss. In short, whether a
particular risk is specified in terms, or is comprehended in the
general words of the policy, the same result must arise, namely,
|Country of origin:
United States Supreme Court
||246 x 189 x 18mm (L x W x T)
||Paperback - Trade
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!