Downing v. Farmers Mutual & Fire Insurance
Supreme Court of Iowa
Appeal from Guthrie District Court. — Hon. J. H. Applegate, Judge. Action to recover upon policy of insurance against loss or damage by lightning -to certain live stock. There was a judgment for plaintiff, and defendant appeals.
1DissentWeaver, J.
(dissenting). — I am unable to agree that the trial court erred in giving the instruction discussed in the third paragraph of the foregoing opinion. On the contrary, when construed as it should be in connection with the entire charge of the court, it announces a rule of law which is both sound and wholesome. The record shows that the defense relied for the most part on evidence of an expert or opinion character that the marks said to have been found upon the body of the dead animal did not indicate it had been struck by lightning. In different paragraphs of the charge the court expressly…
2Cases cited14 opinions
- The ConquerorSupreme Court of the United States · 1897
- Head v. HargraveSupreme Court of the United States · 1882
- Beveridge v. LewisCalifornia Supreme Court · 1902
- McGarrahan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Hayes v. WagnerIllinois Supreme Court · 1906
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