City of Aurora v. Firemans' Fund Insurance
Missouri Court of Appeals
Appeal from Lawrence County Circuit Court. — Eon. Carr McNatt, Judge. (1) The jury after hearing all the facts as to the extent of the fire, and the condition of the building immediately after the fire, were competent to pass on the question as to the amount of damage done by the fire. The testimony elicited relative thereto invaded the province of the jury. Taylor v. Railroad, 185 Mo. 239, and cases cited.
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Appeal from Lawrence County Circuit Court. — Eon. Carr McNatt, Judge. (1) The jury after hearing all the facts as to the extent of the fire, and the condition of the building immediately after the fire, were competent to pass on the question as to the amount of damage done by the fire. The testimony elicited relative thereto invaded the province of the jury. Taylor v. Railroad, 185 Mo. 239, and cases cited. (2) The question in the case was what damage was done to the building by the fire. It devolved upon the plaintiff, in chief, to prove that fact, by competent evidence. Hence, it was error…
1Opinion of the CourtFarrington, J.
The plaintiff, city of Aurora, on February 16, 1913, upon payment of a premium of $16.20, had issued by defendant company a policy in the sum of $1000 insuring against fire its two-story brick building used as a city hall, which policy was to-run to February 16,1916. The petition alleged that on March 31, 1913, while the policy was in force, the insured property was totally destroyed by fire, and that demand for payment of the amount named in the policy was made on the defendant company on June 23, 1913, and payment refused. Judgment is asked for $1000 with interest from date of demand…
2Cases cited13 opinions
- Turner v. HaarSupreme Court of Missouri · 1893
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Combs v. Rountree Construction Co.Supreme Court of Missouri · 1907
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
- State v. PenningtonSupreme Court of Missouri · 1894
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3Cited by4 opinions
- De Donato v. WellsSupreme Court of Missouri · 1931
- Independent School District No. 35 v. A. Hedenberg & Co.Supreme Court of Minnesota · 1943
- Fair Mercantile Co. v. St. Paul Fire & Marine InsuranceMissouri Court of Appeals · 1943
- Williams v. United Insurance Co. of AmericaMissouri Court of Appeals · 1981