Swarthout v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. Three insurance companies united with Swarthout in bringing this action. Defendant appealed from an order overruling its demurrer to the complaint. The case is thus stated by Mr. Justice Cole: “ This action is brought by the plaintiffs to recover of the defendant company the damages caused by the burning of the plaintiff Swarthout"1 s property through the negligence of the defendant.
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APPEAL from the Circuit Court for La Crosse County. Three insurance companies united with Swarthout in bringing this action. Defendant appealed from an order overruling its demurrer to the complaint. The case is thus stated by Mr. Justice Cole: “ This action is brought by the plaintiffs to recover of the defendant company the damages caused by the burning of the plaintiff Swarthout"1 s property through the negligence of the defendant. The property destroyed is alleged to have been of the value of $6,727. The plaintiff insurance companies were insurers of the property to the extent of $1,000…
1Opinion of the CourtCole, J.
The learned counsel for the defendant, in support of the demurrer, candidly admitted the law to be well established, that an insurance company which has been compelled to pay, or has paid, a loss covered by its policy, has, after such payment, a right of action against the person who wrongfully caused the fire and loss to the amount such insurance company paid, even without any formal assignment by the assured of his claim against the party primarily liable. An examination of the authorities will show that this admission was not improvidently made. And the courts have likewise been very firm…
2Cases cited2 opinions
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
- School Districts v. EdwardsWisconsin Supreme Court · 1879
3Cited by40 opinions
- Standard Accident Insurance v. PellecchiaSupreme Court of New Jersey · 1954
- Northwestern Ohio Natural Gas Co. v. First Congregational ChurchOhio Supreme Court · 1933
- Travelers' Ins. Co. v. Great Lakes Engineering Works Co.Court of Appeals for the Sixth Circuit · 1911
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Gatzweiler v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
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