Union Insurance Company v. Smith…
“ In the insurance of a vessel by a time policy, the warranty of seaworthiness is complied with if the vessel be seaworthy at the commencement of the risk, and the fact that she subsequently sustains damage, and is not properly refitted at an intermediate port, does not discharge the insurer from subsequent risk of loss, provided such loss be not the consequence of the omission. ”
Union Insurance Company v. Smith…
“ On this point I direct you, that if, when the Sprague arrived at Detroit, the breaking of the shaft, and the consequent leakage therefrom, was such that an ordinarily prudent and discreet master, of competent skill and judgment, would have deemed it necessary to repair the vessel, so as to stop the leak, before proceeding on the voyage to Cleveland, and you find that the sinking of the vessel and its loss was occasioned by his omission to do so, and would not otherwise have happened, then the plaintiff is not entitled to recover in this suit. ”
Union Insurance Company v. Smith…
“ What would be ordinary care under some circumstances may not be at other times and under other circumstances.' [It was generally the duty of the plaintiff to keep the Sprague in a seaworthy condition for the safe navigation of the waters in which she might be run under the policy, and, when that seaworthiness, under the policy of insurance, is made and attaches, it is presumed to exist and continue, and the burden of proof of unseaworthiness would then be upon the defendant.] ”
