Roe v. Dwelling House Insurance
Supreme Court of Pennsylvania
Appeal, No. 310, Jan. T., 1892, by defendant, The Dwelling House Insurance Company of Boston, Mass., from judgment of C. P. Susquehanna Co., August T., 1890, No. 447, on verdict for plaintiff, P. D. Roe. Assumpsit on policy of fire insurance to recover for total loss of dwelling house.
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Appeal, No. 310, Jan. T., 1892, by defendant, The Dwelling House Insurance Company of Boston, Mass., from judgment of C. P. Susquehanna Co., August T., 1890, No. 447, on verdict for plaintiff, P. D. Roe. Assumpsit on policy of fire insurance to recover for total loss of dwelling house. At the trial, before Seable, P. J., plaintiff offered in evidence the insurance policy which contained the following clauses: “ The said company hereby agree to make good unto the said insured, his executors, administrators, and assigns, all such immediate loss or damage, not exceeding in amount the sum…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
The fire which was the subject of this action occurred on the night of March 28, 1890. The house was let. to a tenant until April 1st, following. The tenant removed from the building on March 24th, but did not complete the removal of all his goods until the 27th. The plaintiff testified that he had leased the premises to another tenant, to commence from April 1st, and the tenant, Sivers byname, testified that he had leased it for a year from about April 1st. There was no contradiction of any of this testimony, and the learned court below left it to. the jury to say…
2Cases cited3 opinions
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