Gans v. Columbia Ins. Co.

• Decision Date: 21 January 1924
• Citation: 123 A. 240
• Parties: GANS et al. v. COLUMBIA INS. CO.
• Court: New Jersey Supreme Court

123 A. 240

GANS et al.

v. COLUMBIA INS. CO.

Supreme Court of New Jersey.

Jan. 21, 1924.

Action by John Gans and others against the Columbia Insurance Company, submitted on agreed statement of facts. Judgment for plaintiff.

Submitted by consent before MINTURN, J.

Edwin B. & Philip Goodell, of Montclair, for plaintiffs.

Wall, Haight, Carey & Hartpence, of Jersey City, for defendant.

MINTURN, J. The stipulation of facts upon which the case was submitted recites, inter alia, that a Curtis flying boat, of which the plaintiffs were owners, was proceeding under its own power, upon a trip from Daytona to Palm Beach, Fla. While flying over the sea near Cape Canaveral, the engine went dead, and the pilot determined to bring his flying boat to the water, for the purpose of making the necessary adjustments. Upon reaching the water the plane rested easily without any damage having resulted from the landing. The pilot was unable to start his engine, and drifted for four hours in the sea. Eventually he drifted onto the beach, upon which a fairly heavy surf was running, and the plane by force of the breakers, upon grounding on the beach, was materially damaged. The damage sustained by the wings and control surfaces was due to the action of the waves, after the plane drifted ashore. Plaintiffs claim that the collision indorsement attached to the policy covers the damage to the flying boat, because of the waves, after the flying boat had alighted on the sea without damage.

The collision indorsement referred to provides that—

"In consideration of the warrantees and stipulations of this policy, and of an additional premium of $900, this policy covers direct loss or damage to the plane described herein, caused by collision with the earth (including land or water), or any object moving or stationary, except collisions occurring while the plane is in hangar or workshop, or in the care of workmen for purposes of repair, provided that each loss shall be adjusted separately, and from the amount of each loss when determined, the sum of three hundred dollars shall be deducted, and this company is liable for loss or damage in excess of such amount only."

The inquiry presented by the situation is whether the damage suffered by the plane was the result of a collision within the meaning of the policy. With the coming of the gasoline motor, the word "collision," under variant circumstances, in different jurisdictions, has received judicial interpretation, and there is...