Legal Opinion

Aetna Insurance v. Charleston & Western Car. Ry. Co.

Supreme Court of South Carolina

Decided February 12, 1907PublishedCited by 6 opinions

Before Watts, J., Aiken, July, 1906. Action by Aetna Insurance Co. against Charleston and Western Carolina Ry. Co. Defendant appeals. cites: Plaintiff should not recover under the statute: 41 S. C., 95, 285; 28 S. C., 401; 63 S. C., 370; 2 May on Ins., 454; 27 Ency., 260. The former cite: Plaintiff is entitled to be subrogated to rights of insured whether act causing loss be negligent or not: 9 A. & E., D. E., 531; 27 Ency., 260; 46 Am.

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Before Watts, J., Aiken, July, 1906. Action by Aetna Insurance Co. against Charleston and Western Carolina Ry. Co. Defendant appeals. cites: Plaintiff should not recover under the statute: 41 S. C., 95, 285; 28 S. C., 401; 63 S. C., 370; 2 May on Ins., 454; 27 Ency., 260. The former cite: Plaintiff is entitled to be subrogated to rights of insured whether act causing loss be negligent or not: 9 A. & E., D. E., 531; 27 Ency., 260; 46 Am. D., 722; 129 U. S., 141; 139 U. S., 235; 36 S. C., 267; 25 Am. St. R., 307; 5 Am. R., 304; 10 Hun., 59; 16 Wend., 397; Wood on Eire Ins., 793; 41 S. C., 411;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This appeal involves the doctrine of subrogation. The case was heard by his Honor, the Circuit Judge, upon an agreed statement of facts.

It was admitted that plaintiff insurance company did, on the 14th day of September, 1908, issue its policy in favor of Mrs. B. E. Cozart, insuring her property for $1,000; that on the 22d day of September, 1903, this property, to the value of $1,950, was destroyed by fire originating within the limits of the right of way of the defendant railroad, in consequence of the acts of its agents and employees,…

2Cases cited1 opinion

  1. McCorkle v. WilliamsSupreme Court of South Carolina · 1895

3Cited by6 opinions

  1. Phillips v. Clifton Manufacturing Co.Supreme Court of South Carolina · 1944
  2. Calvert Fire Ins. Co. v. JamesSupreme Court of South Carolina · 1960
  3. Ancrum v. Camden Water, Light & Ice Co.Supreme Court of South Carolina · 1909
  4. Pringle v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1948
  5. Calvert Fire Insurance v. JamesSupreme Court of South Carolina · 1960

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