Haws v. Fire Ass'n
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county: Of October Term 1886, No. 159. Assumpsit by A. J. Haws against the Fire Association of Philadelphia, on a policy of insurance in said company to recover the amount of insurance on a horse killed by lightning, covered by said policjn Plea, non assumpsit. The facts of the case as they appeared oh the trial before Mehard, P. J., appear in the opinion of the Supreme Court.
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Error to the Court of Common Pleas of Mercer county: Of October Term 1886, No. 159. Assumpsit by A. J. Haws against the Fire Association of Philadelphia, on a policy of insurance in said company to recover the amount of insurance on a horse killed by lightning, covered by said policjn Plea, non assumpsit. The facts of the case as they appeared oh the trial before Mehard, P. J., appear in the opinion of the Supreme Court. In the general charge the court instructed the jury inter alia as follows :— [We are brought to the conclusion, in view of this writing made by one party and accepted by the…
1Opinion of the CourtJustice Paxson
This was an action upon a written contract of insurance to recover for the loss of a brood mare killed by lightning.
The defendant company had insured a number of the plaintiff’s horses against loss by fire. They were described as “all contained in his new two-story farm barn situated on his farm in Hanffield township, Mercer county, Pa.”
This policy was in the usual form of fire policies, covering insurance upon either personal or real estate. Attached to it was what has been designated as the “lightning clause,” as follows:
“Attached to policy No. 447.840 of the Fire association of…
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