Stephens v. Fire Ass'n
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Haywood Scott, Judge. (1) Defendant’s demurrer at the close of plaintiff’s case should have been sustained. There is no evidence tending to show the explosion which caused the damage complained of was caused and preceded by the fire.
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Appeal from Jasper Circuit Court. — Hon. Haywood Scott, Judge. (1) Defendant’s demurrer at the close of plaintiff’s case should have been sustained. There is no evidence tending to show the explosion which caused the damage complained of was caused and preceded by the fire. Home Lodge Assn. v. Insurance Co., 110 N. W. 778; Biggs v. Insurance Co., 53 N. Y. 446. (2) The evidence fails to show the amount of damage sustained, as the result of fire, if any, and the amount of damage caused by explosion and from the evidence it was impossible to determine that fact and the verdict is not based upon…
1Opinion of the Court
NIXON, P. J. —
This is an action on a fire insurance policy. The petition alleges that the property insured was household furniture on the first floor just above the basement of what is known as the Olivia apartment house, on the corner of Fourth and Moffett streets in *372Joplin, Missouri, which furniture was damaged and destroyed by a fire and an explosion on January 12, 1908, at about five o’clock in the morning. The basement underneath this apartment was used for lockers and storage for tenants in the building, and it was. in this basement that the fire and explosion occurred by which the…
2Cases cited4 opinions
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Hester v. Fidelity & Casualty Co.Missouri Court of Appeals · 1897
- State ex rel. Sublette v. MeltonSupreme Court of Missouri · 1844
- Fields v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905
3Cited by14 opinions
- First National Bank v. FordWyoming Supreme Court · 1923
- Fire Ass'n v. Evansville Brewing Ass'nSupreme Court of Florida · 1917
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1932
- Githens v. Great American InsuranceSupreme Court of Iowa · 1926
- Bennett v. National Union Fire InsuranceMissouri Court of Appeals · 1935
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