Foster v. Fidelity Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 13, Jan. T., 1904, by plaintiff, from judgment of C. P. Luzerne Go., on case stated for defendant in suit of Charles D. Foster v. Fidelity Fire Insurance Company of Baltimore City. Case stated to determine liability on a policy of fire insurance.
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Appeal, No. 13, Jan. T., 1904, by plaintiff, from judgment of C. P. Luzerne Go., on case stated for defendant in suit of Charles D. Foster v. Fidelity Fire Insurance Company of Baltimore City. Case stated to determine liability on a policy of fire insurance. The case stated after setting forth the policy of fire insurance on plaintiff’s premises continued as follows: On March 26, 1902, at about 12:30 P. M., a fire was discovered near Posten’s livery stables on North Main street at a point, in a direct line from the front of plaintiff’s building, about 650 feet distant therefrom. An alarm was…
1Opinion of the Court
Opinion by
Henderson, .J.,
Afire occurred in a building situated about 650 feet from the-plaintiff’s premises. ' A team attached to an engine belonging to the city fire department on its way to the fire “ left the driveway, crossed the sidewalk and collided with the front of plaintiff’s building.” The cause of the accident is thus, set forth in the case stated; “ The .driver being unable to control the-horses, or the horses being unable to. control.' the heavy fire engine.”- The question presented is, was this a. loss -or damage by fire within the meaning of the plaintiff’s policy ? The…
2Cases cited2 opinions
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Copeland v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1841
3Cited by2 opinions
- Russell v. German Fire InsuranceSupreme Court of Minnesota · 1907
- Brunswick-Balke-Collender Co. v. California Insurance, Pennsylvania Court of Common Pleas, Cambria County1948