Minneapolis, St. Paul & Sault Ste. Marie Ry. Co. v. Home Ins.
Supreme Court of Minnesota
Appeal by defendant, tbe Home Insurance Company of New York from an order of the District Court of Hennepin County, Seagrave-Smith, J., made March 21, 1893, denying its motion for a new trial.. Appeal also by- plaintiff, the Minneapolis, St. Paul and Sault Ste..
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Appeal by defendant, tbe Home Insurance Company of New York from an order of the District Court of Hennepin County, Seagrave-Smith, J., made March 21, 1893, denying its motion for a new trial.. Appeal also by- plaintiff, the Minneapolis, St. Paul and Sault Ste.. Marie Kailway Company, from that part of the same order reducing; the verdict from $52,673.55 to $30,136.97. On September 5, 1891, the Insurance Company in consideration-of $600 premium insured the Railway Company for three months-, against all direct loss or damage by fire which it might sustain,, not exceeding $50,000 "on flour,…
1Opinion of the CourtMitohell, J.
‘By the policy in suit the defendant insured the plaintiff “on flour, corn, grain, seeds, provisions, and other merchandise, excluding petroleum or its products; it being understood and agreed that the insurance under this head is to cover the liability of the insured as carriers and warehousemen, as well as their own property, * * * while contained in their elevator situated at Gladstone, Mich.” It is too plain to admit of argument that, as to the property of others intrusted to its custody, this was not an *241insurance for the benefit of the shippers, but for the benefit of the plaintiff!…
2Cases cited2 opinions
- Wodock v. RobinsonSupreme Court of Pennsylvania · 1892
- Sayre v. BurdickSupreme Court of Minnesota · 1891
3Cited by29 opinions
- Johnston v. Charles Abresch Co.Wisconsin Supreme Court · 1904
- Ransom v. Wickstrom & Co.Washington Supreme Court · 1915
- Union Machinery & Supply Co. v. DarnellWashington Supreme Court · 1916
- MILLERS'MUT. FIRE INS. ASS'N v. Warroad Potato G. Ass'nCourt of Appeals for the Eighth Circuit · 1938
- Michigan Fire & Marine Ins. Co. v. National Surety Corp.Court of Appeals for the Eighth Circuit · 1946
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