State Insurance v. O. R. & N. Co.
Oregon Supreme Court
Multnomah county: E. D. Shattuck, Judge. Plaintiff appeals. An insurance company, upon paying a loss by fire, is subrogated to the rights of the insured, and at common law sues in the name of the insured, but for its own benefit. (Hart v. Western R. R. Co. 13 Met. 99, 46 Am. Dec. 719; 1 Phil. Ins. 464; 2 Id. 282; Conn. Fire Ins. Co. v. Erie Ry. Co. 73 N. Y. 399, 29 Am. Rep. 171; Ciarle v. Wilson, 103 Mass. 223, 4 Am. Rep. 532; Monmouth Co. Ins.
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Multnomah county: E. D. Shattuck, Judge. Plaintiff appeals. An insurance company, upon paying a loss by fire, is subrogated to the rights of the insured, and at common law sues in the name of the insured, but for its own benefit. (Hart v. Western R. R. Co. 13 Met. 99, 46 Am. Dec. 719; 1 Phil. Ins. 464; 2 Id. 282; Conn. Fire Ins. Co. v. Erie Ry. Co. 73 N. Y. 399, 29 Am. Rep. 171; Ciarle v. Wilson, 103 Mass. 223, 4 Am. Rep. 532; Monmouth Co. Ins. Co. Hutchinson, etc., Co. 21 N. J. Eq. 107; Hall v. Railroad Co. 80 U. S. 367.) The insured cannot discharge the claim. (Dunn v. Snell, 15 Mass. 481;…
1Opinion of the CourtLord, J.
— This' is an action to recover the sum of $515, paid by the plaintiff, as insurance money, to E. J. Eodgers and S. B. Williamson, on account of certain hay, valued at $1,600, which had been destroyed by the negligence of the defendant. To the extent of the insurance money paid thereon, Eodgers and Williamson duly assigned to the plaintiff their claim against the defendant. It thus appears that the total value of the property destroyed by the negligent act of the defendant was greatly in excess of the amount of insurance money paid by the plaintiff to Eodgers and Williamson, for which the…
2Cases cited1 opinion
- Swarthout v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
3Cited by10 opinions
- Omaha & Republican Valley Railway Co. v. Granite State Fire InsuranceNebraska Supreme Court · 1898
- Fireman's Ins. v. Oregon RailroadOregon Supreme Court · 1904
- Pringle v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1948
- Fireman's Fund Insurance v. Oregon Railroad & Navigation Co.Washington Supreme Court · 1910
- Williams v. Pacific Surety Co.Oregon Supreme Court · 1914
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