Watson et al.
versus
The Insurance Company of North America.
Supreme Court of Pennsylvania.https://leagle.com/images/logo.png
September 1, 1803.
September 1, 1803.
Attorney(s) appearing for the Case
After argument by M. Levy and Lewis, for the plaintiffs; and by Moylan, E. Tilghman, and Ingersoll, for the defendants, the COURT (consisting of SHIPPEN, Chief Justice, and YEATES and SMITH, Justices) were of opinion, that the jury might find damages for a partial loss; although the declaration claimed for a total loss; and although there was no proof of an actual abandonment, or an offer to abandon, to the underwriters.
Supreme Court of Pennsylvania.
But BRACKENRIDGE, Justice, said, that he though there was sufficient evidence a the trial, to induce the jury to find an abandonment; and, on that ground alone, he concurred, in refusing a new trial. For, the general ground, on which the opinion of the rest of the Court was founded, did not appear to him so conclusive, and so satisfactory, as it did to them.
Motion for a new trial refused: and judgment rendered on the...
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