Scripture v. Lowell Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Assumpsit upon a policy of insurance on a dwelling-house, owned by the plaintiff, but in the occupation of one Elbridge Smith. The tenant’s minor son carried a cask of gunpowder into the attic, without the plaintiff’s knowledge, and fired it with a match, doing the damage stated in the opinion of the court. The case was submitted upon an agreed statement of facts to the court of common pleas, Perkins, J. who rendered judgment for the plaintiff for the whole amount of damage.
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Assumpsit upon a policy of insurance on a dwelling-house, owned by the plaintiff, but in the occupation of one Elbridge Smith. The tenant’s minor son carried a cask of gunpowder into the attic, without the plaintiff’s knowledge, and fired it with a match, doing the damage stated in the opinion of the court. The case was submitted upon an agreed statement of facts to the court of common pleas, Perkins, J. who rendered judgment for the plaintiff for the whole amount of damage. The defendants appealed to this court.
1Opinion of the CourtCushing, J.
The case finds that a burning match being applied, without fault of the plaintiff, to a cask of gunpowder in the attic of his house, the gunpowder took fire, exploded, set fire to a bed and clothing, charred and stained some of the wood-work, and blew off the roof of the house; and the only question in the case is-, whether the loss thus occasioned to the building is covered by the conditions of an ordinary policy against fire. The question may be generalized thus : By the ignition of gunpowder within a dwelling-house, damage is done to the house, that damage consisting in part of combustion,…
2Cases cited5 opinions
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
- City Fire Insurance v. CorliesNew York Supreme Court · 1839
- Grim v. Phœnix InsuranceNew York Supreme Court · 1816
- Babcock v. Montgomery County Mutual InsuranceNew York Supreme Court · 1849
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- Lavitt v. Hartford County Mutual Fire InsuranceSupreme Court of Connecticut · 1927
- Barcalo Manufacturing Co. v. Firemen's Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1965
- Collins v. Delaware InsuranceSuperior Court of Pennsylvania · 1899