Phenix Insurance Co. of Brooklyn v. Weeks
Supreme Court of Kansas
Error from Edwards District Court. This was an action brought in the district court of Edwards county on February 5,1887, by James P. Weelts against The Phenix Insurance Company of Brooklyn, New York, upon a fire-insurance policy issued by the defendant to the plaintiff on December 24, ,1885, to recover for an alleged loss by fire of the insured property.
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Error from Edwards District Court. This was an action brought in the district court of Edwards county on February 5,1887, by James P. Weelts against The Phenix Insurance Company of Brooklyn, New York, upon a fire-insurance policy issued by the defendant to the plaintiff on December 24, ,1885, to recover for an alleged loss by fire of the insured property. The case was tried before the court and a jury on November 4, 1887, and the jury rendered the following verdict, and in answer to the following interrogatories, made-the following special findings of fact, to wit: “VERDICT. “We, the jury…
1Opinion of the Court
The opinion of the court was delivered by
VALENTINE, J.:
I. The first claim of error made by the plaintiff in error is with reference to the original statement of the case of the plaintiff below, made by his counsel after the jury had been impaneled and prior to the introduction of any evidence. Section 275 of the civil code provides, among other things, as follows:
“Sec. 275. When the jury has been sworn, the trial shall *754proceed in the following order, unless the court for special reasons otherwise directs:
“1st. The party on whom rests the burden of the issues may briefly state his case, and…
2Cases cited3 opinions
- Sullivan v. Phenix InsuranceSupreme Court of Kansas · 1885
- Cobb v. Insurance Co. of North AmericaSupreme Court of Kansas · 1873
- Green v. DunnSupreme Court of Kansas · 1869
3Cited by9 opinions
- Pettijohn v. Saint Paul Fire & Marine InsuranceSupreme Court of Kansas · 1917
- Flour Mills of America, Inc. v. American Steel Building Co.Supreme Court of Oklahoma · 1969
- Hodgson v. Mutual Benefit Health & Accident Ass'nSupreme Court of Kansas · 1941
- Docking v. National Surety Co.Supreme Court of Kansas · 1927
- Marett v. World Fire & Marine InsuranceSupreme Court of Kansas · 1945
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