Enyeart v. Farmers Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 157, Oct. T., 1916, by defendant, from judgment of O. P. Huntingdon Co., Dec. T., 1915, No: 9, on verdict for plaintiff in case of W. S. Enyeart v. The Farmers Fire Insurance Company of York, Pa. Assumpsit on a policy of fire insurance. Before Bailey, P. J. Tfie opinion of the Superior Court states the facts. Verdict and judgment for plaintiff for $1,500. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Head, J.,
Although the record presents numerous assignments of error, they all revolve about two central questions on which the appellant planted its line of defense. A consideration of these two questions will therefore fairly dispose of all of the assignments.
The learned trial judge was asked to direct a verdict for the defendant and thereafter to enter judgment in its favor non obstante veredicto for the reasons, (1) that under the evidence he should have declared, as matter of law, there had befen a breach of the covenant in the policy providing for its forfeiture if the premises…
2Cases cited6 opinions
- Livingstone v. Boston InsuranceSupreme Court of Pennsylvania · 1916
- Prospect Dye Works v. Federal InsuranceSuperior Court of Pennsylvania · 1907
- Hector Township RoadSuperior Court of Pennsylvania · 1902
- Miller v. KeeneSupreme Court of Pennsylvania · 1836
- Nulton v. NultonSupreme Court of Pennsylvania · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kanefsky v. National Commercial Mutual Fire InsuranceSuperior Court of Pennsylvania · 1943
- Wilson v. Fireman's Fund Ins. Co.Court of Appeals of Texas · 1925
- Best v. Safeguard Ins. Co. of N.Y.Superior Court of Pennsylvania · 1935