Hong Sling v. National Assurance Co.
Utah Supreme Court
Appeals from judgments of the district court of the first district and from orders denying new trials in each of the cases. The opinion states the facts except the following: The defendant in each case requested the lower court to charge that the plaintiff could not recover for goods lost by theft. This the court refused to do.
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Appeals from judgments of the district court of the first district and from orders denying new trials in each of the cases. The opinion states the facts except the following: The defendant in each case requested the lower court to charge that the plaintiff could not recover for goods lost by theft. This the court refused to do. The court, on the other hand, charged among other things that if they should “believe from all the evidence and all the surrounding circumstances as they existed at the time, that the fire was actually the cause or proximate cause of the loss of plaintiff’s goods, then…
1Opinion of the Court
Zane, C. J.:
This action was instituted by the plaintiff in the district court upon a policy of insurance, to recover damages to his stock of goods in consequence of a fire. The facts of the case, so far as we deem it necessary to state them, are that a fire broke out in the ÍTovelty Theater in Ogden City; that plaintiff’s stock of goods, consisting of silks, china-ware, and other goods, was in a store-room on the first floor of the adjoining building; *443that the fire, extended to the second floor of that building, and water thrown upon it ran down on the goods,, and their destruction was…
2Cases cited2 opinions
- Williams v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
- Tischler v. Cal. Farmers' Mut. Fire Ins. Co.California Supreme Court · 1884
3Cited by6 opinions
- Hart v. Citizens' Insurance Co. of PittsburgWisconsin Supreme Court · 1893
- Stephens v. Union Assurance SocietyUtah Supreme Court · 1897
- Seastrom, Inc. v. Amick Construction Co., Inc.Indiana Court of Appeals · 1974
- Shepard v. Springfield Fire & Marine InsuranceSupreme Court of Rhode Island · 1918
- Flint v. NelsonUtah Supreme Court · 1894
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