McCurdy v. Orient Insurance
Superior Court of Pennsylvania
Appeal, No. 198, Oct. T., 1905, by plaintiff, from judgment of O. P. Northumberland Co., Dec. T., 1902, No. 261, on verdict for defendant in case of Annie M. McCurdy v. Orient Insurance Company. Assumpsit on a policy of fire insurance. Before Savidge, P. J. The court charged as follows : The facts of this case are not disputed. The insured, Annie M. McCurdy, was the owner of a double dwelling house on Fifth street, in the borough of Sunbury.
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Appeal, No. 198, Oct. T., 1905, by plaintiff, from judgment of O. P. Northumberland Co., Dec. T., 1902, No. 261, on verdict for defendant in case of Annie M. McCurdy v. Orient Insurance Company. Assumpsit on a policy of fire insurance. Before Savidge, P. J. The court charged as follows : The facts of this case are not disputed. The insured, Annie M. McCurdy, was the owner of a double dwelling house on Fifth street, in the borough of Sunbury. This was occupied as a tenement house, she herself living elsewhere, and so described in the policy. So that it was understood at the time that this…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s policy contained the following clause: “ This entire policy, unless otherwise provided by agreement, endorsed hereon or added hereto, shall be void, if (any usage, or custom of trade or manufacture to the contrary notwithstanding,) there be kept, used or allowed on the above described premises, .benzine, benzole, dynamite, ether, fireworks, gasoline, Greek fire, gun powder, exceeding twenty-five pounds in quantity, naphtha, nitro-glyeerine or other explosives.” The property insured was a dwelling house. The plaintiff’s tenant set up a gasoline stove in…
2Cases cited12 opinions
- Liverpool & London Insurance v. GuntherSupreme Court of the United States · 1885
- Kelly v. Worcester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1867
- Fraim v. National Fire Ins.Supreme Court of Pennsylvania · 1895
- Mears v. Humboldt Ins.Supreme Court of Pennsylvania · 1879
- Scranton Poor District v. Directors of the PoorSupreme Court of Pennsylvania · 1884
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3Cited by2 opinions
- Harbridge Et Ux. v. Mut. Fire Ins. Co.Superior Court of Pennsylvania · 1942
- Bitonti v. National Liberty Insurance Co. of AmericaSuperior Court of Pennsylvania · 1929