Schroeder v. Schweizer Lloyd Transport Versicherungs Gesellschaft

Citations

• 60 Cal. 467
• 1882 Cal. LEXIS 495

Syllabus

<p>Marine Insurance—Change of Ship—Transshipment of Cargo.—It is an implied condition of a policy of marine insurance that the ship named in it shall not, after the commencement of the risk, be changed without necessity or the consent of the underwriters; for such unnecessary or nnsanctioned change of the ship would produce an alteration of the risk run by the underwriters, and therefore exempt them from their liability.</p> <p>Id.—Id.—Id.—Connections.—Plaintiff’s wheat was insured by the defendant on the steamer Colorado and connections. The customs and usage of the steamship company, with reference to cargoes to Hong Kong and Batavia, was for the ship taking the cargo at San Francisco to carry the same to Hong Kong without transshipment; but in this case the cargo was transshipped in Yokahama (without necessity,) to other ships of the Company, and by them carried to Hong Kong where it was lost.</p> <p>Held: The “connections” referred to in the policy were the regular connections of the company only, and the term was not intended to include a casual, unusual and unanticipated connection with a ship substituted for the occasion upon a state of things temporary in its nature, and unknown at the time that the contract was made. The loss at Hongkong occurred subsequent to the change of ship, and under the terms of the policy the defendant was not responsible.</p> <p>Appeal—Reversal of Judgment—Hew Trial—Practice.—Extreme caution ought to be exercised in refusing new trials where judgments are reversed. The discretion of the appellate Court should be exercised in that direction only in cases where it is plain, either from the pleadings or from the nature of the controversy, that the party against whom the reversal is pronounced cannot prevail in the suit.</p> <p>Held, accordingly in this case (Thornton, J., dissenting), that the cause should be remanded for a new trial.</p>