Allen v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Monroe county: O. R. Wyman, Circuit Judge. The action is for a negligent fire which burned a quantity of hay belonging to the plaintiff. The answer alleges that the hay was insured against fire, and that the insurer has paid the loss in full to the plaintiff. The plaintiff demurred to this answer as not stating a defense. The demurrer was sustained, and the defendant appeals. cited Cunningham n. F. & T. Ft.
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Appeal from an order of the circuit court for Monroe county: O. R. Wyman, Circuit Judge. The action is for a negligent fire which burned a quantity of hay belonging to the plaintiff. The answer alleges that the hay was insured against fire, and that the insurer has paid the loss in full to the plaintiff. The plaintiff demurred to this answer as not stating a defense. The demurrer was sustained, and the defendant appeals. cited Cunningham n. F. & T. Ft. R. Co. 102 Ind. 478; Lalte Erie dh W. R. Co. v. Griffin, 8 Ind. App. 47; Lindsay v. Bridgewater G. Co. 14 Pa. Co. Ct. R. 181; 1 Sutherland,…
1Opinion of the CourtNewman, J.
The plaintiff, in his brief, denies that he has been paid his loss by the insurer. In that case it was imprudent in him to demur to the answer, for by his demurrer he admits all the material allegations of the answer to be true. This is elementary. It is the settled law in this state that the acceptance of payment of his loss from the insurer *95substituted the insurer in all his rights against the railroad company. It put the insurance company, in all respects, into the place which he occupied in relation to his claim against the railroad company, so that it can bring suit against the railroad…
2Cases cited2 opinions
- Swarthout v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Pratt v. RadfordWisconsin Supreme Court · 1881
3Cited by16 opinions
- Heifetz v. JohnsonWisconsin Supreme Court · 1973
- American Fidelity & Casualty Co., Inc. v. All American Bus Lines, IncCourt of Appeals for the Tenth Circuit · 1950
- Gatzweiler v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- Leonard v. BottomleyWisconsin Supreme Court · 1933
- Swift & Co. v. Wabash RailroadMissouri Court of Appeals · 1910
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