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PHONIX INSURANCE COMPANY v. ERIE & W. TRANSP. CO.

118 U.S. 210 (1886)

PHŒNIX INSURANCE COMPANY v. ERIE AND WESTERN TRANSPORTATION COMPANY.

Supreme Court of United States.

Decided March 1, 1886.

MR. JUSTICE BRADLEY dissenting.

The insurer of goods which are lost while in custody of a carrier, upon paying the loss, is subrogated to the claim of the insured against the carrier. Hall & Long v. Railroad Companies, 13 Wall., 367. This being so, I think that the insured cannot, by separate agreement with the carrier, deprive the insurer of this right. Such agreement would be res inter alios acta and void as against the insurer. It would...

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