Maryland Motor Car Ins. v. Smith
Court of Appeals of Texas
Appeal from District Court, Smith County; J. R. Warren, Judge. Action by Mrs. Ora B. Smith against the Maryland Motor Car Insurance Company. Judgment for plaintiff, and defendant appeals.
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Appeal from District Court, Smith County; J. R. Warren, Judge. Action by Mrs. Ora B. Smith against the Maryland Motor Car Insurance Company. Judgment for plaintiff, and defendant appeals. The appellant issued to appellee a policy of insurance on an automobile against direct loss or damage by fire “to an amount not exceeding the amount of insurance herein specified,” which was $1,800. The policy of insurance contained, among other provisions, the following clause: ' “This, company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] The appellant predicates error on the refusal of the court to submit the following requested question:
“What was the reasonable value of the automobile in question after the fire?”
The point made is that the only damages covered by the policy for a partial loss, as this case is, is the difference between the actual cash value of the automobile just before the fire and the actual cash value of the sound parts -remaining after the fire. It is concluded that it was not . a positive reversible error to refuse to put the question in that particular form to the…
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