Smith v. Ætna Insurance
Court of Appeals of Georgia
1Opinion of the CourtFelton, J.
This is a suit on a policy of fire insurance. The positive, uncontradicted, and unimpeached testimony of several of the defendant’s witnesses showed that a material and substantial part of the building insured was caused to fall by a tornado before it burned. Under the terms of the policy in such a case there could be no recovery. The testimony of the plaintiff’s witnesses was at the most only circumstantial, and was consistent with that of defendant’s witnesses. Frazier v. Georgia Railroad & Banking Co., 108 Ga. 807 (33 S. E. 996); Georgia Railway & Electric Co. v. Harris, 1 Ga. App. 714 (57…
2Cases cited7 opinions
- Pennsylvania Railroad v. ChamberlainSupreme Court of the United States · 1933
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1899
- Griffin v. BarrettSupreme Court of Georgia · 1936
- Emory University v. BlissCourt of Appeals of Georgia · 1926
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3Cited by8 opinions
- Pruitt v. Hardware Dealers Mut. Fire Ins. Co.Court of Appeals for the Fifth Circuit · 1940
- Spruell v. Georgia Automatic Gas Appliance Co.Court of Appeals of Georgia · 1951
- Slaton v. Atlanta Gas-Light Co.Court of Appeals of Georgia · 1940
- Whitner v. WhitnerCourt of Appeals of Georgia · 1950
- Welfare Finance Company v. CorbinCourt of Appeals of Georgia · 1955
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