Rogers v. Connecticut Fire Insurance
Missouri Court of Appeals
Appeal from Clinton Circuit Court — Nom. A. D. Burnes,' Judge. (1) Plaintiff’s instruction numbered 1 is erroneous in that it fails to authorize the jury to take into consideration, in making up their verdict, the defense to said policy,- namely, “that said property was not a total loss, only partial,” and said instruction authorizes a verdict for plaintiff if they find’ that plaintiff notified defendant of said loss, and defendant denied liability under said policy, thus…
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Appeal from Clinton Circuit Court — Nom. A. D. Burnes,' Judge. (1) Plaintiff’s instruction numbered 1 is erroneous in that it fails to authorize the jury to take into consideration, in making up their verdict, the defense to said policy,- namely, “that said property was not a total loss, only partial,” and said instruction authorizes a verdict for plaintiff if they find’ that plaintiff notified defendant of said loss, and defendant denied liability under said policy, thus directing and telling the jury that if such was done, defendant’s full liability under said policy was settled and fixed;…
1Opinion of the CourtJohnson, J.
— This suit is on a fire insurance policy of $1000, issued by defendant to plaintiff May 26, 1906. Plaintiff was the owner and operator of an electric light plant in the city of Lathrop and the policy in suit covered the gas engine and dynamo which were in his power house and so attached thereto that they must be considered a part of the realty and not as personal property. Two days after the policy ■was issued, the power house was destroyed by fire and the machinery, of which the engine and dynamo were the principal parts, was so badly damaged that plaintiff claims it became valueless for…
2Cases cited12 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- Seyk v. Millers' National InsuranceWisconsin Supreme Court · 1889
- Insurance Co. v. FogartySupreme Court of the United States · 1874
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3Cited by7 opinions
- St. Paul Fire & Marine Ins. Co. v. EldracherCourt of Appeals for the Eighth Circuit · 1929
- Manning v. Connecticut Fire InsuranceMissouri Court of Appeals · 1913
- Weston v. American InsuranceMissouri Court of Appeals · 1915
- Berryman v. Maryland Motor Car Ins.Missouri Court of Appeals · 1918
- Lux v. Milwaukee Mechanics InsuranceMissouri Court of Appeals · 1927
2 more not listed; retrieve them via the Exa API.