Wolff v. Hartford Fire Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— IIon. John W. Calhoun, Judge. (1) The respondent was not entitled to go to the jury, on the theory of total loss, when his own testimony showed that the automobile was not so damaged by the collision as to lose its specific character and identity as an automobile; mere destruction or damage to some of its parts is not sufficient to show a total loss. City of Aurora v. Fireman’s Fund Ins. Co., 180 Mo.
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Appeal from the Circuit Court of the City of St. Louis.— IIon. John W. Calhoun, Judge. (1) The respondent was not entitled to go to the jury, on the theory of total loss, when his own testimony showed that the automobile was not so damaged by the collision as to lose its specific character and identity as an automobile; mere destruction or damage to some of its parts is not sufficient to show a total loss. City of Aurora v. Fireman’s Fund Ins. Co., 180 Mo. App. 263, 271; Jones v. Orient Ins. Co., 184 Mo. A,pp. 402, 410; Springji.eld Fir© Ins. Co. v., Homeward (Oída/), 12¡2 Pac. 196,-59 L. R.…
1Opinion of the CourtBecker, J.
Plaintiff brought suit upon a policy of fire insurance covering his electric automobile, to which policy of insurance was attached a rider under which defendant insured plaintiff against loss through collision. 'Said policy insured plaintiff’s machine in the sum of $1250 against damages in excess of $25 from being in collision with another automobile for the period of one year from October 26, 1915. The collision in question occurred on October 8, 1916. Plaintiff’s petition alleges a total loss by reason of the collision and prays for judgment in the sum of $1225, being the full amount of the…
2Cases cited7 opinions
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Strawbridge v. Standard Fire InsuranceMissouri Court of Appeals · 1916
- Gustin v. Concordia Fire InsuranceSupreme Court of Missouri · 1901
- McAnany ex rel. McAnany v. HenriciSupreme Court of Missouri · 1911
- DeMaet v. Fidelity Storage, Packing & Moving Co.Supreme Court of Missouri · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States Fidelity & Guaranty Co. v. CorbettCourt of Appeals of Georgia · 1926
- Gould v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1960
- Ambruster v. Levitt Realty & Investment Co.Supreme Court of Missouri · 1937
- Tiller v. Farmers' Mutual Fire InsuranceMissouri Court of Appeals · 1927
- Avery v. Mechanics InsuranceMissouri Court of Appeals · 1927
2 more not listed; retrieve them via the Exa API.