Burlington Insurance v. McLeod
Supreme Court of Kansas
Erroi' from Marshall District Court. The opinion contains a sufficient statement of the case. Judgment for the plaintiff McLeod, at the December term, 1886. The defendant Company brings the case to this court.
1Opinion of the Court
Opinion by
Simpson, C.:
This is the second time that this case has appeared in this court. On its first appearance in 34 Kas. 189, (which see for statement of facts,) it was decided that “ what are reasonable expenses incurred by the company in taking a risk, is a question of fact for the jury, and not a question of law for the court.” “And if any of such reasonable expenses are included in the ‘short rates’ they are not, in addition to the ‘ short rates/ to be retained by the company as expenses.” On the second trial the question was submitted to the jury, and they found specifically in answer…
2Cases cited2 opinions
- Gray v. CrockettSupreme Court of Kansas · 1886
- Burlington Insurance v. McLeodSupreme Court of Kansas · 1885
3Cited by1 opinion
- Norton v. Inhabitants of FayetteSupreme Judicial Court of Maine · 1936