O'Connor v. Queen Insurance Co. of America
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Outa-gamie county: T. II. Byan, Judge. Action upon a fire insurance policy.
Read the full summary
Appeal from a judgment of tbe municipal court of Outa-gamie county: T. II. Byan, Judge. Action upon a fire insurance policy. Tbe servant of plaintiff built a fire in the furnace with paper and cannel coal, not used or intended to be used for such purpose, wbicb fire developed within a few moments to such a degree of fury as to fill tbe bouse with great volumes of smoke, soot, and excessive and intense heat, and damage the personal property therein, to the amount as found by the jury $562. The only •question submitted to the jury was the amount of damages, and the court directed a verdict for…
1Opinion of the Court
The following opinion was filed October 26, 1909:
Keewot, J.
The policy in this case, being the Wisconsin -standard form, insured the plaintiff “against all direct loss and damage by fire;” and the controversy is as to whether the loss and damage was caused by anything insured against by the defendant company. The question arises whether the fire ‘which caused the damage was a fire within the meaning ■of the policy. The plaintiff lived in a rented house heated by a furnace. His servant built a fire in the furnace of material not for use therein or intended so to be used, and of such a highly…
2Cases cited21 opinions
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- California Insurance v. Union Compress Co.Supreme Court of the United States · 1890
- Lynn Gas & Electric Co. v. Meriden Fire InsuranceMassachusetts Supreme Judicial Court · 1893
- Ermentrout v. Girard Fire & Marine InsuranceSupreme Court of Minnesota · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Reliance Insurance Co. v. NamanTexas Supreme Court · 1928
- Lavitt v. Hartford County Mutual Fire InsuranceSupreme Court of Connecticut · 1927
- McGraw v. Home InsuranceSupreme Court of Kansas · 1914
- Cabbell v. Milwaukee Mechanics InsuranceMissouri Court of Appeals · 1924
- Chute v. North River Insurance Co.Supreme Court of Minnesota · 1927
20 more not listed; retrieve them via the Exa API.