H. C. Judd & Root v. New York & T. S. S. Co.

Citations

• 130 F. 991
• 1904 U.S. App. LEXIS 4864

Syllabus

<p>1. Evidence — Relevancy to Issues.</p> <p>In an action against a carrier to recover for goods lost by fire while stored in a warehouse, through the alleged negligence of defendant in storing them in an unsafe place, evidence is admissible showing the condition of surrounding buildings, or that smoking in the locality had been prohibited by a city ordinance, as bearing on the issue as to such negligence.</p> <p>2. Same — Admissions.</p> <p>An insurer which by payment of a loss has become subrogated to a right of action of the insured against a third party must recover thereon, if at all, in the right of the insured alone, and its own declarations or admissions are not admissible against such right.</p>