Mitchell v. Potomac Insurance
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from.a judgment of the Supreme Court of the District of Columbia upon the verdict of a jury in an action on a policy of insurance. The Court in its opinion stated the case as follows: This was an action upon a policy of fire insurance for the sum of $5,000, originally issued February 3, 1893, and renewed from year to year.
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Hearing on an appeal by the plaintiff from.a judgment of the Supreme Court of the District of Columbia upon the verdict of a jury in an action on a policy of insurance. The Court in its opinion stated the case as follows: This was an action upon a policy of fire insurance for the sum of $5,000, originally issued February 3, 1893, and renewed from year to year. The recited premium is $50. The property insured is thus designated in writing on the face of the policy: “On his stock of stoves and their findings, tins and tinware, tools of trade and such other goods kept for sale in a first-class…
1Opinion of the CourtJustice Shepard
1. The first assignment of error is founded on the refusal of the court to give the following instruction to the jury:
“ If the jury find from the evidence that on the 28th day of September, 1896, at or before the time the witness Oliver went into the cellar of the plaintiff’s premises, as described by him, a fire originating in accidental or other causes was in progress in the back cellar of said premises, and that afterward and while such fire was in progress the gas or vapor generated by the evaporation of liquid gasoline came in contact with .the flames of such fire and exploded and…
2Cases cited18 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- Transatlantic Fire Insurance v. DorseyCourt of Appeals of Maryland · 1881
- Harper v. . New York City Insurance CompanyNew York Court of Appeals · 1860
- Gunther v. Liverpool & London & Globe InsuranceSupreme Court of the United States · 1890
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