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eBook details

• Title: Insurance Company v. Transportation Company
• Author : United States Supreme Court
• Release Date : January 01, 1870
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Messrs. J. C. Carter and G. Pratt, for the plaintiff in error, citing Mills on Causation, Brown's Inquiry into the Relation of Cause and Effect, Sir William Hamilton's Lectures, as well as numerous adjudged cases, in England and the United States, went into an ingenious and interesting though, as it struck the reporter, possibly somewhat metaphysical argument, on the subject of what was to be regarded as 'the cause of any event;' how far the antecedents of a given event are connected together as the successive links in one chain; and how far there are several concurrent trains leading to the effect; concluding that in no case will the inquiry whether a given event would have happened but for another which preceded it, disclose the cause of the given event, or what is called its proximate cause, or its principal cause, or anything save this alone, that such preceding event was, or was not, a necessary contributing cause. The true meaning of the cause causans, the predominating cause, the series of successive causes, and of Lord Bacon's apothegm, causa proxima non remota spectatur, were considered at length; and the effort made to show that here–the sinking of the steamer, being the result of two concurrent causes, of which the collision was the predominating, and therefore the proximate cause–by a right application of the just rule of law, as established by the two well-known rules of Mr. Phillips, an authoritative text-writer on Insurance, the loss was attributable to the collision, and to that alone; a matter in which the Transportation Company was its own insurers; the policy having been but against fire. Messrs. J. A. Hovey and I. Halsey, contra.

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