O'Connor v. Queen Insurance Co. of America
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Outa-gamie county: T. II. Byan, Judge. Action upon a fire insurance policy.
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Appeal from a judgment of tbe municipal court of Outa-gamie county: T. II. Byan, Judge. Action upon a fire insurance policy. Tbe servant of plaintiff built a fire in the furnace with paper and cannel coal, not used or intended to be used for such purpose, wbicb fire developed within a few moments to such a degree of fury as to fill tbe bouse with great volumes of smoke, soot, and excessive and intense heat, and damage the personal property therein, to the amount as found by the jury $562. The only •question submitted to the jury was the amount of damages, and the court directed a verdict for…
1Dissent 1
The following opinion was filed November 13, 1909:
2Dissent · MabsiiallMabsiiall, J.
I do not understand either-the facts of this case or the law to be, in all respects, as indicated in the court’s opinion. The court’s language would indicate that, while there was no ignition outside the furnace- or its connections, there was considerable burning to the extent of expelling volatile matter from paper, furniture,, and mop boards, so- as to create on their surface charcoal. “They were burned, charred, and blistered,” is the language-used, “though there was no ignition outside of the furnace.” That language suggests that actual…
3Cases cited10 opinions
- Ermentrout v. Girard Fire & Marine InsuranceSupreme Court of Minnesota · 1895
- Transatlantic Fire Insurance v. DorseyCourt of Appeals of Maryland · 1881
- Way v. Abington Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1896
- Felton v. GrierSupreme Court of Georgia · 1899
- Hard v. ShipmanNew York Supreme Court · 1849
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