Seavey v. Central Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy issued by the defendants to the plaintiffs, insuring them against loss by fire on the following described property: “ Their engine and machinery contained in a two-story frame building, with slated French roof, situated on Court Street, near Broadway, Cambridgeport, and for the manufacture of tin ware, sheet iron, japanned and fancy painted ware.”
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Contract upon a policy issued by the defendants to the plaintiffs, insuring them against loss by fire on the following described property: “ Their engine and machinery contained in a two-story frame building, with slated French roof, situated on Court Street, near Broadway, Cambridgeport, and for the manufacture of tin ware, sheet iron, japanned and fancy painted ware.” At the trial in the Superior Court, before Devens, J., without a jury, the following facts appeared: The plaintiffs claimed for damage to 642 forming and cutting machines; these so called forming and cutting machines were dies…
1Opinion of the CourtAmes, J.
It appears to us that the word “machinery,” as used in this policy, does not mean exactly the same thing as the word “ machine,” and that an insurance of the plaintiffs’ machinery for the manufacture of tin ware, &e., must be understood to cover all the essential parts of the machinery. The dies were not, strictly speaking, machines, but it was by the use of the dies that the plaintiffs cut out and gave shape to the articles which they were manufacturing. The presses and machines, strictly so called, were used for the purpose of operating these dies. The fact that the dies were movable, and…
2Cases cited1 opinion
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Georgia Pacific Railway Co. v. BrooksSupreme Court of Alabama · 1887
- Oxford University Press, N. Y., Inc. v. United StatesUnited States Customs Court · 1948
- Assessors of Brockton v. Brockton Olympia Realty Co.Massachusetts Supreme Judicial Court · 1948
- Doty v. Oriental Print Works CompanySupreme Court of Rhode Island · 1907
- National Enameling & Stamping Co. v. ZirkovicsCourt of Appeals for the Eighth Circuit · 1918
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