Legal Opinion

Ryan v. Rockford Insurance

Wisconsin Supreme Court

Decided October 14, 1890PublishedCited by 18 opinions

APPEAL from the Circuit Court for Do/ne County. The following statement of the case was prepared by Mr. Justice Cassodat: This is an action upon a policy of fire insurance, covering a dwelling-house and barn and the contents, situated upon the premises occupied by the plaintiff in the town of Dunn. The policy was dated June 15, 1888, and contains a provision to the effect that the same would be void unless the plaintiff was the sole and unconditional owner of the premises.

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APPEAL from the Circuit Court for Do/ne County. The following statement of the case was prepared by Mr. Justice Cassodat: This is an action upon a policy of fire insurance, covering a dwelling-house and barn and the contents, situated upon the premises occupied by the plaintiff in the town of Dunn. The policy was dated June 15, 1888, and contains a provision to the effect that the same would be void unless the plaintiff was the sole and unconditional owner of the premises. The defense say, among other things, that the plaintiff was not such owner. It is conceded that the premises were…

1Opinion of the CourtCassoday, J.

Tbe learned counsel for tbe defendant strenuously contends that tbe evidence is insufficient to support tbe general verdict or any of tbe special findings in favor of tbe plaintiff. Tbe view we have taken of tbe case renders it unnecessary for us to determine that question.

Tbe statute requires the court to direct tbe jury to find a special verdict when requested as prescribed. Sec. 2858, E. S. Such verdict must “ be prepared by tbe court in tbe form of questions in writing, relating only to material issues of fact and admitting a direct answer, to which tbe jury shall make answer in writing.…

2Cited by18 opinions

  1. Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
  3. McBean v. StateWisconsin Supreme Court · 1892
  4. Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
  5. McGowan v. StoryWisconsin Supreme Court · 1975

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