Thurston v. Burhett & Beaver Dam Farmers' Mutual Fire Insurance
Wisconsin Supreme Court
Aepeal from a judgment of the circuit court for Dodge county: A. Scott Sloan, Circuit Judge. Action to recover on two policies of fire insurance. The property destroyed was grain in stacks. The fire was started by sparks from a threshing machine engine in operation on the premises.
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Aepeal from a judgment of the circuit court for Dodge county: A. Scott Sloan, Circuit Judge. Action to recover on two policies of fire insurance. The property destroyed was grain in stacks. The fire was started by sparks from a threshing machine engine in operation on the premises. A by-law formed a part of each contract of insurance, which was as follows: “ This company will not hold itself liable for loss caused by the use of steam engines. •on the premises, except steam threshing engines using coal as . fuel, with sufficient wood to kindle or start the fire.” The principal disputed…
1Opinion of the CourtMakshall, J.
Fires caused by the use of steam engines on the premises insured by the defendant, other than threshing .machine engines using coal as fuel, with sufficient wood to kindle or start the fire, were excepted out of and not covered by the contracts of insurance. Such excepted fires cannot be included by judicial construction or by the verdict of a jury, without reading into the contract language the parties dearly did not put there. Neither courts nor juries are permitted to do that. The meaning of the term “ coal as fuel, with sufficient wood to kindle or start the fire,” was the important…
2Cases cited3 opinions
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Mississippi River Logging Co. v. WheelihanWisconsin Supreme Court · 1896
- Murphey v. WeilWisconsin Supreme Court · 1896
3Cited by18 opinions
- Kraemer Bros. v. United States Fire InsuranceWisconsin Supreme Court · 1979
- Stanhope v. Brown CountyWisconsin Supreme Court · 1979
- Amidzich v. Charter Oak Fire InsuranceWisconsin Supreme Court · 1969
- Katze v. Randolph & Scott Mutual Fire InsuranceWisconsin Supreme Court · 1984
- RTE Corp. v. Maryland Casualty Co.Wisconsin Supreme Court · 1976
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