Bouse v. St. Paul Fire & Marine Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —TJon. Wilson A. Taylor, Judge. (1) In order to recover upon a policy of the kind here sued on, the burden is upon the plaintiff to establish by the greater weight of the evidence that the damage done to the insured automobile resulted from, its being in collision with another “automobile, vehicle, or objeet.”
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Appeal from the Circuit Court of the City of St. Louis. —TJon. Wilson A. Taylor, Judge. (1) In order to recover upon a policy of the kind here sued on, the burden is upon the plaintiff to establish by the greater weight of the evidence that the damage done to the insured automobile resulted from, its being in collision with another “automobile, vehicle, or objeet.” Hardenburgh v. Employers’ Liability Corporation, 138 N. Y. Supp. 662; Hardenburgh v. Employers’ Liability Corporation, 141 Ñ. Y. Supp. 502; Wettengill v. United States Lloyds, 157 Wis. 433; Stuht v. Fidelity & Guaranty Co., 154…
1Opinion of the CourtBecker, J.
Plaintiff below brought suit to recover under a policy of automobile accident insurance issued to him by defendant. The policy sued upon, among other things, provides that it should cover damages to plaintiff’s automobile by being, “in collision with any other automobile, vehicle or object, . . . excluding damages caused by striking any portion of the roadbed.”
The petition alleges that plaintiff’s automobile was damaged by reason of its skidding on the road, whereby the automobile was precipitated down an embankment along the side of the road and' “came in contact and collided with the earth…
2Cases cited1 opinion
- Stix v. Travelers Indemnity Co.Missouri Court of Appeals · 1913
3Cited by19 opinions
- Universal Service Co. v. American InsuranceMichigan Supreme Court · 1921
- Moffet v. Kansas City Fire & Marine InsuranceSupreme Court of Kansas · 1952
- Fogarty v. Fidelity & Casualty Co.Supreme Court of Connecticut · 1935
- St. Paul Fire & Marine Ins. v. American Compounding Co.Supreme Court of Alabama · 1924
- Boenzle v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1953
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