Thomas v. Western Insurance
Superior Court of Pennsylvania
Appeal, No. 171, April T., 1897, by defendaat, from judgment of C. P. Cambria Co., Dec. T., 1896, No. 446, on verdict for plaintiff. Assumpsit on policy of fire insurance. Before Barker, P. J. The facts sufficiently appear in the opinion of the court. The jury found a verdict for the plaintiff, who specified $750 as the share of the loss on the building, and $250 on machinery and tools.
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Appeal, No. 171, April T., 1897, by defendaat, from judgment of C. P. Cambria Co., Dec. T., 1896, No. 446, on verdict for plaintiff. Assumpsit on policy of fire insurance. Before Barker, P. J. The facts sufficiently appear in the opinion of the court. The jury found a verdict for the plaintiff, who specified $750 as the share of the loss on the building, and $250 on machinery and tools. On motion for a new trial the court directed that judgment be entered in favor of the plaintiff in the sum of $750 non obstante veredicto. Verdict and judgment for plaintiff. Defendant appealed. Errors…
1Opinion of the Court
Opinion by
Willard, J.,
The appellee entered into a contract of insurance with the appellant on August 15,1894, by the terms of which, in consideration of the sum of $40.00 paid the company by the appellee, it agreed to insure her property in the sum of $1,000 for the term of one year, which property is described in the policy as follows: “$750 on her three story frame, shingle roof water power gristmill building, 70x50 feet. Situate at Thomas Mills, in Elder township, Cambria county, Pa.
“ $250 on all fixed and movable machinery, belting and tools contained therein.”
There was other concurrent…
2Cases cited2 opinions
- Boyle v. Hamburg-Bremen Fire InsuranceSupreme Court of Pennsylvania · 1895
- Gottsman v. Pennsylvania InsuranceSupreme Court of Pennsylvania · 1868
3Cited by7 opinions
- Sands v. Granite Mutual InsuranceSuperior Court of Pennsylvania · 1974
- Joyner v. Harleysville InsuranceSupreme Court of Pennsylvania · 1990
- Kairys v. Aetna Casualty & Surety Co.Superior Court of Pennsylvania · 1983
- Triage, Inc. v. Prime Ins. Syndicate, Inc.Superior Court of Pennsylvania · 2005
- Hawthorne v. American Mortgage, Inc.District Court, E.D. Pennsylvania · 2007
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