Legal Opinion

Spring Garden Ins. v. Imperial Tobacco Co.

Court of Appeals of Kentucky

Decided February 10, 1909PublishedCited by 36 opinions

Appeal from Caldwell Circuit Court. J. F. Cordon, Circuit Judge. Judgment for plaintiff. Defendants appeal. POINTS AND AUTHORITIES. 1, The invasion of Princeton, Ky., on the night of November-30, 1906, o-r nearly morning of December 1, 1906, was a riot. The term “riot” and “mob” are synonymous: (Prather v. City of Lexington, 13 B. M. 559; Ward v. City o-f Louisville, 16 B. M. 184; Criminal Code, section 575; Ky. Stats., -section 9; City of Madison-ville v. Bishop, 23 Ky.

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Appeal from Caldwell Circuit Court. J. F. Cordon, Circuit Judge. Judgment for plaintiff. Defendants appeal. POINTS AND AUTHORITIES. 1, The invasion of Princeton, Ky., on the night of November-30, 1906, o-r nearly morning of December 1, 1906, was a riot. The term “riot” and “mob” are synonymous: (Prather v. City of Lexington, 13 B. M. 559; Ward v. City o-f Louisville, 16 B. M. 184; Criminal Code, section 575; Ky. Stats., -section 9; City of Madison-ville v. Bishop, 23 Ky. Law Rep. 2364; Marshall v. City of Buffalo,.. 50 N. Y. App. 149, 6 N. Y. S-upp. 411; Lycoming Fire Ins. Co. v.„ Schwenk, 95…

1Opinion of the Court

Opinion op the Court by

Judge Carroll

Reversing-

These several appeals involve the same questions of law. The litigation grows out of the refusal of the1 appellant insurance companies' to pay the amount of fire policies issued to the appellee tobacco company. The refusal of the companies was rested upon the ground that the property insured was destroyed by fire caused by a “riot,” and hence they were not liable because of clauses in the policies that exempted them from liability for fire resulting from such cause. The' policy issued by each company contains the same conditions and exceptions. .…

2Cases cited18 opinions

  1. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  2. Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
  3. Moulor v. American Life InsuranceSupreme Court of the United States · 1884
  4. American Accident Co. v. ReigartCourt of Appeals of Kentucky · 1893
  5. Chandler v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1874

13 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Aetna Life Insurance v. BethelCourt of Appeals of Kentucky · 1910
  2. Pan American World Airways, Inc. v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1974
  3. Gulf Insurance Co. v. StateColorado Court of Appeals · 1979
  4. Bituminous Casualty Corporation, and Cross-Appellant v. James T. Lynn, Secretary of Housing and Urban Development, and Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1974
  5. Pennsylvania Casualty Co. v. ElkinsDistrict Court, E.D. Kentucky · 1947

31 more not listed; retrieve them via the Exa API.

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