Legal Opinion

St. Louis Gas Light Co. v. American Fire Insurance

Missouri Court of Appeals

Decided January 2, 1889PublishedCited by 8 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valia ant, Judge. The circuit court erred : (1) In not setting aside the verdict, as against the weight of evidence. Plaintiff’s testimony as to the circumstances and cause of the destruction of the gasholder was clear, consistent, unimpeached, and sufficient not only to make out its case, but to exclude any reasonable hypothesis to the contrary.

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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valia ant, Judge. The circuit court erred : (1) In not setting aside the verdict, as against the weight of evidence. Plaintiff’s testimony as to the circumstances and cause of the destruction of the gasholder was clear, consistent, unimpeached, and sufficient not only to make out its case, but to exclude any reasonable hypothesis to the contrary. Defendant’s eye-witnesses confirmed plaintiff’s proof as to what occurred, so far as observed by them; its expert witnesses wholly ignored most material facts, proved without…

1Opinion of the CourtRombauer, P. J.

This is an action on a policy of insurance, brought to recover the sum of $1,112.37; being the defendant’s proportion, as alleged, of the loss sustained by plaintiff, by the destruction, on December 11, 1884, by an explosion and fire, of an iron telescopic gasholder, which was insured in the total sum of sixty thousand dollars, in *358forty different policies, of which, the policy sued on was one.

The petition averred in substance: That defendant, by its policy No. 90,226, dated June 12, 1884, in consideration of seventy-five dollars, paid by plaintiff, insured plaintiff “against loss or damage…

2Cases cited10 opinions

  1. Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
  2. Muldowney v. Illinois Central R.Supreme Court of Iowa · 1874
  3. Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
  4. Koehring ex rel. Martin v. MuemminghoffSupreme Court of Missouri · 1875
  5. Tingley v. CowgillSupreme Court of Missouri · 1871

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. La Plant v. EI Du Pont De Nemours and CompanyMissouri Court of Appeals · 1961
  2. Hart-Bartlett-Sturtevant Grain Co. v. Aetna InsuranceSupreme Court of Missouri · 1956
  3. Price v. Connecticut Mutual Life InsuranceMissouri Court of Appeals · 1892
  4. Sorrell Ex Rel. Sorrell v. HudsonSupreme Court of Missouri · 1960
  5. Weaver v. Benton-Bellefontaine Railway Co.Missouri Court of Appeals · 1895

3 more not listed; retrieve them via the Exa API.

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