Kittanning Insurance v. O'Neill
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cambria county: Of October and November Term 1885, No. 105. Covenant, by John P.~O’Neill against the Kittanning Insurance Company upon a policy of insurance against fire, issued to plaintiff by defendant company. Plea, non infregit conventionem.
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Error to the Court of Common Pleas of Cambria county: Of October and November Term 1885, No. 105. Covenant, by John P.~O’Neill against the Kittanning Insurance Company upon a policy of insurance against fire, issued to plaintiff by defendant company. Plea, non infregit conventionem. On the trial, before Johnston, P. J., the following facts appeared: On October 2d, 1888, the plaintiff effected an insurance with defendant company of $2,000 upon his dwelling house, slaughter house and the contents thereof. On October 6th, 1888, four days later, the property insured was totally destroyed by fire.…
1Opinion of the CourtChief Justice Mercur
The specification of error is to the court sending out with the jury under exception, the paper containing the proofs of loss, and schedule attached.
It is true it has been ruled that in the sound discretion of the court, many papers that have been given in evidence, may be sent out with the jury. This paper however had not been given in evidence generally. It was admitted solely for the purpose of showing that proofs of loss had been furnished as required by the policy. It was therefore for the purpose of showing a condition precedent to a right of action. Being in writing the question of…
2Cases cited1 opinion
- Lafayette, Bloomington & Mississippi Railroad v. WinslowIllinois Supreme Court · 1872
3Cited by11 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1919
- Brenner v. LesherSupreme Court of Pennsylvania · 1938
- Bobereski, Adm. v. Ins. Co. of Pa.Superior Court of Pennsylvania · 1932
- Cummins v. German American InsuranceSupreme Court of Pennsylvania · 1899
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