Montana Power Co. v. Janson

Appellate Division of the Supreme Court of New York

Montana Power Co. v. Janson

41 A.D.2d 520, 339 N.Y.S.2d 687, 1973 N.Y. App. Div. LEXIS 5293

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 18, 1973

StatusPublished

This text of 41 A.D.2d 520 (Montana Power Co. v. Janson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Montana Power Co. v. Janson, 41 A.D.2d 520, 339 N.Y.S.2d 687, 1973 N.Y. App. Div. LEXIS 5293 (N.Y. Ct. App. 1973).

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Opinion

Judgment, Supreme Court, New York County,' without a jury, entered on January 28, 1972,-in favor of plaintiff in this subrogation action, unanimously reversed, on .the law and on the facts, and the complaint dismissed.' Appellants shall •recover-of respondent $60 costs and disbursements of this appeal. Judgment is sought in the name of plaintiff on a “transit all risks insurance policy’’.for electric poles which were destroyed by fire. The coverage in the. policy in question continued only until the poles were “safely delivered * * * ' at final place of .destination”. The poles were moved by rail to Billings, Montana, pursuant to freight bills which did not provide for any further trans-shipments, and were, on July 21 and July 22, 1966, taken off the railroad cars and- placed at a railroad siding in Billings which was leased to plaintiff.-. There they remained, at plaintiff’s siding, until destroyed by fire on' August 3, 1966. When [521]*521destroyed by fire the poles had already been delivered safely to their “ final place of destination ” under the policy. Transportation of the poles had terminated by complete delivery to plaintiff at its siding in Billings. {Federman Co. v. American Ins. Co., 267 N. Y. 380, 383.) Concur — Kupferman, J; P., Murphy, Steuer and Capozzoli, JJ.

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Judgment, Supreme Court, New York County,' without a jury, entered on January 28, 1972,-in favor of plaintiff in this subrogation action, unanimously reversed, on .the law and on the facts, and the complaint dismissed.' Appellants shall •recover-of respondent $60 costs and disbursements of this appeal. Judgment is sought in the name of plaintiff on a “transit all risks insurance policy’’.for electric poles which were destroyed by fire. The coverage in the. policy in question continued only until the poles were “safely delivered * * * ' at final place of .destination”. The poles were moved by rail to Billings, Montana, pursuant to freight bills which did not provide for any further trans-shipments, and were, on July 21 and July 22, 1966, taken off the railroad cars and- placed at a railroad siding in Billings which was leased to plaintiff.-. There they remained, at plaintiff’s siding, until destroyed by fire on' August 3, 1966. When [521]*521destroyed by fire the poles had already been delivered safely to their “ final place of destination ” under the policy. Transportation of the poles had terminated by complete delivery to plaintiff at its siding in Billings. {Federman Co. v. American Ins. Co., 267 N. Y. 380, 383.) Concur — Kupferman, J; P., Murphy, Steuer and Capozzoli, JJ.

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Bluebook (online)

41 A.D.2d 520, 339 N.Y.S.2d 687, 1973 N.Y. App. Div. LEXIS 5293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montana-power-co-v-janson-nyappdiv-1973.

Opinion

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