Eastern Railroad v. Relief Firf Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance, dated March 2, 1865, by which the defendants insured the plaintiffs “ against loss or damage by fire to the amount of ten thousand dollars on their liability for loss and damage by fire occasioned by sparks from locomotives to property of others situate on lands not owned or occupied by assured; loss not to exceed twenty-five hundred dollars at any one fire; ” and promised and agreed to make good to them “ all such loss or damage, not…
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Contract on a policy of insurance, dated March 2, 1865, by which the defendants insured the plaintiffs “ against loss or damage by fire to the amount of ten thousand dollars on their liability for loss and damage by fire occasioned by sparks from locomotives to property of others situate on lands not owned or occupied by assured; loss not to exceed twenty-five hundred dollars at any one fire; ” and promised and agreed to make good to them “ all such loss or damage, not exceeding in amount the sum insured, as shall happen by fire to the property as above specified during one year ” from said…
1Opinion of the CourtGray, J.
The form of this policy is peculiar, but its nature and effect are readily ascertained by referring to the statutes oí he Commonwealth and to general principles of the law of insurance.
The Gen. Sts. c. 63, § 101, provide that every railroad corporation “ shall be responsible in damages to any person or corpo*423ration whose buildings or other property may be injured by fire communicated by its locomotive engines; and shall have an insurable interest in the property upon its route for which it may be so held responsible, and may procure insurance thereon in its own behalf.” This is a remedial…
2Cases cited5 opinions
- New York State Marine Ins. v. Protection Ins.U.S. Circuit Court for the District of Massachusetts · 1841
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
- New York Bowery Fire Insurance v. New York Fire InsuranceNew York Supreme Court · 1837
- Merry v. PrinceMassachusetts Supreme Judicial Court · 1806
- Bartlet v. WalterMassachusetts Supreme Judicial Court · 1816
3Cited by47 opinions
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Filley v. PopeSupreme Court of the United States · 1885
- Home Insurance Co. of New York v. MendenhallIllinois Supreme Court · 1897
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
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