Smith v. National Fire Insurance Co. of Hartford
Supreme Court of North Carolina
Appeal by plaintiffs from Oonnor, J., at the February Term, 1918, of CUMBERLAND. This is an action on a fire insurance policy issued by the defendant company on 24 April, 1917, and insuring certain lumber in the sum of $1,500 from twelve months from that date.
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Appeal by plaintiffs from Oonnor, J., at the February Term, 1918, of CUMBERLAND. This is an action on a fire insurance policy issued by the defendant company on 24 April, 1917, and insuring certain lumber in the sum of $1,500 from twelve months from that date. The policy contained the following stipulation: “It is a condition of this contract that a continuous clear space of 200 feet shall be maintained by the assured between the property hereby insured and any woodworking establishment or any drykiln (except tramways upon which lumber is not piled), and such space shall not be used for the…
1Opinion of the CourtAlleN, J.
The lumber of the plaintiffs was insured by the defendant upon condition that a space of 200 feet should be kept clear between the lumber and any wood-working establishment or drykiln, with provision that this stipulation should not be construed to prohibit loading •or unloading within such space.
The lumber destroyed was within 200 feet of a sawmill, which had been used to manufacture lumber but was not in operation at the time of the fire and had not been for several days, being stopped in contemplation of a removal of the mill to another location.
The lumber of the plaintiffs was being…
2Cases cited7 opinions
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Jones v. Casualty Co.Supreme Court of North Carolina · 1905
- Gazzam v. German Union Fire InsuranceSupreme Court of North Carolina · 1911
- Skinner v. ThomasSupreme Court of North Carolina · 1916
2 more not listed; retrieve them via the Exa API.
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- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
- Fidelity-Phenix Fire Ins. Co. of New York v. Pilot Freight Carriers, Inc.Court of Appeals for the Fourth Circuit · 1952
- Cab Co. v. . Casualty Co.Supreme Court of North Carolina · 1941
- Blue Bird Cab Co. v. American Fidelity & Casualty Co.Supreme Court of North Carolina · 1941
- Insurance Co v. . Harrison-Wright Co.Supreme Court of North Carolina · 1935
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