Omaha & Republican Valley Railway Co. v. Granite State Fire Insurance
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. The opinion contains a statement of the case. The cause of action arising from the negligence of the railroad company is indivisible. The claim of the insurance company should have been presented in the action by the insured. The insurer cannot maintain a separate action against the railroad company for the amount paid under its policy. (Rocldngham Mutual Fire Ins.
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Error from the district court of Lancaster county. Tried below before Hall, J. The opinion contains a statement of the case. The cause of action arising from the negligence of the railroad company is indivisible. The claim of the insurance company should have been presented in the action by the insured. The insurer cannot maintain a separate action against the railroad company for the amount paid under its policy. (Rocldngham Mutual Fire Ins. Co. v. Bosher, 39 Me. 256; Mobile & M. R. Co. v. Jurey, 111 U. S. 584, 593; Hall v. Railroad Co., 13 Wall. [U. S.] 370; Plmmx Ins. Co. v. Erie & Western…
1Opinion of the Court
Irvine, C.
From admissions in the pleadings and from the stipulation of facts whereon this case was. tried we gather the following facts: One Erickson was the owner of land along the line of the railroad owned by the plaintiff in error, on which were certain buildings and personal property of the value of $3,900, which were wholly destroyed by fire set out by the negligence of the railroad company. Erickson had insurance on the property, written by the *518defendant in error, to the amount of $1,000. The insurance company paid the loss and Erickson assigned to it his cause of action against the…
2Cases cited4 opinions
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
- Swarthout v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Pratt v. RadfordWisconsin Supreme Court · 1881
- State Insurance v. O. R. & N. Co.Oregon Supreme Court · 1891
3Cited by19 opinions
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
- Sellman v. HaddockNew Mexico Supreme Court · 1957
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
- Home Insurance Co. v. Hertz Corp.Illinois Supreme Court · 1978
- Packham v. German Fire Ins., Co.Court of Appeals of Maryland · 1900
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