Farmers Mut. Insurance v. New Holland Turnpike Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON FLEAS OF LANCASTER COUNTY. No. 87 January Term 1888, Sup. Ct.; court below, No. 35 June Term 1883,' G. P. On May 25,1883, an action of covenant was brought by the New Holland Turnpike Co. against The Farmers Mutual Insurance Company, of Lancaster county, to recover upon a policy of insurance for $1,000, dated January 20, 1871, upon the bridge over Conestoga creek, where the said road crosses the creek, on the line between East Lampeter and…
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ERROR TO THE COURT OF COMMON FLEAS OF LANCASTER COUNTY. No. 87 January Term 1888, Sup. Ct.; court below, No. 35 June Term 1883,' G. P. On May 25,1883, an action of covenant was brought by the New Holland Turnpike Co. against The Farmers Mutual Insurance Company, of Lancaster county, to recover upon a policy of insurance for $1,000, dated January 20, 1871, upon the bridge over Conestoga creek, where the said road crosses the creek, on the line between East Lampeter and Manlieim townships. The defendant pleaded, covenants performed, absque hoc. On December 23, 1886, Mr. A. F. Schenck, on behalf…
1Opinion of the Court
Opinion,
Mr. Justice Gbeen:
We cannot understand upon what principle evidence was admitted to prove loss of tolls on the turnpike road of the plaintiff.
The contract in suit was a policy of fire insurance on a bridge. The bridge having been destroyed by fire, if there was liability on the part of the insurance company, the measure of that liability would be the value of the loss, which would consist of the injury to the bridge. If the bridge was totally destroyed, the loss would be the total amount of the insurance, *44but if only partially destroyed, it would be tbe value of tbe injury. In no…
2Cases cited5 opinions
- Grevemeyer v. Southern Mutual Fire InsuranceSupreme Court of Pennsylvania · 1869
- Miltenberger v. BeacomSupreme Court of Pennsylvania · 1848
- Imperial Fire Insurance v. MurraySupreme Court of Pennsylvania · 1873
- Myers v. Commonwealth ex rel. ZookSupreme Court of Pennsylvania · 1885
- Crook v. WilliamsSupreme Court of Pennsylvania · 1853
3Cited by10 opinions
- New England Gas & Electric Ass'n v. Ocean Accident & Guarantee Corp.Massachusetts Supreme Judicial Court · 1953
- Heidisch v. Globe & Republic Insurance Co. of AmericaSupreme Court of Pennsylvania · 1951
- Tremont Township School District v. Western Anthracite Coal Co.Supreme Court of Pennsylvania · 1955
- Prospect Dye Works v. Federal InsuranceSuperior Court of Pennsylvania · 1907
- New Holl. Turnp. Co. v. Farmers' Ins., Pennsylvania Court of Common Pleas, Lancaster County1891
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