Warmcastle v. Scottish Union & National Insurance
Supreme Court of Pennsylvania
Appeal, No. 137, Oct. T., 1904, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1900, No. 15, on verdict for plaintiff in case of Charles A. Warmcastle v. Scottish Union & National Insurance Company. Assumpsit on a policy of insurance. Before Kennedy, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $3,667.95. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Per Curiam,
When this case was here before, 201 Pa. 302, it was held that a direct loss for damages from lightning was within the policy but loss from windstorm was not, and therefore it was incumbent on the plaintiff to distinguish between the two kinds of damage however difficult that might be. The only question now before us is whether the jury had sufficient evidence to enable them to make the distinction. We are of opinion that they had. At least one witness testified that the flash of light*363ning and the fall of the side wall were simultaneous and another testified to the same thing as to…
2Cases cited1 opinion
- Warmcastle v. Scottish Union & National InsuranceSupreme Court of Pennsylvania · 1902
3Cited by6 opinions
- Trexler Lumber Co. v. Allemannia Fire Ins.Supreme Court of Pennsylvania · 1927
- North British & Mercantile Ins. Co. v. SciandraSupreme Court of Alabama · 1951
- Clouse v. Saint Paul Fire & Marine InsuranceNebraska Supreme Court · 1950
- Apfelbaum v. Ins. Co. of North AmericaSuperior Court of Pennsylvania · 1929
- Paul v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1934
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