Legal Opinion

Smith v. Ætna Insurance

Court of Appeals of Georgia

Decided October 24, 1938No. 27139PublishedCited by 8 opinions

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

  1. Pennsylvania Railroad v. ChamberlainSupreme Court of the United States · 1933
  2. Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
  3. Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1899
  4. Griffin v. BarrettSupreme Court of Georgia · 1936
  5. Emory University v. BlissCourt of Appeals of Georgia · 1926

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Pruitt v. Hardware Dealers Mut. Fire Ins. Co.Court of Appeals for the Fifth Circuit · 1940
  2. Spruell v. Georgia Automatic Gas Appliance Co.Court of Appeals of Georgia · 1951
  3. Slaton v. Atlanta Gas-Light Co.Court of Appeals of Georgia · 1940
  4. Whitner v. WhitnerCourt of Appeals of Georgia · 1950
  5. Welfare Finance Company v. CorbinCourt of Appeals of Georgia · 1955

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API