Sun Insurance Office v. Western Woolen-mill Co.
Supreme Court of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This was an action upon an ordinary fire-insurance policy to recover for loss and damage to a large quantity of wool which, it was alleged, was caused by fire. The Western Woolen-mill Company had about 30,000 pounds of wool stored in a warehouse in Topeka adjacent to its mill, where it was engaged in the manufacture of woolen cloth.
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Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This was an action upon an ordinary fire-insurance policy to recover for loss and damage to a large quantity of wool which, it was alleged, was caused by fire. The Western Woolen-mill Company had about 30,000 pounds of wool stored in a warehouse in Topeka adjacent to its mill, where it was engaged in the manufacture of woolen cloth. The wool was what is known as “wool in the grease,” as it comes from the animal and in its natural state, more or less contaminated with dirt. The- insurance company insured the wool “against all…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The whole question in the case was whether the damage was caused by the action of fire. The answer specially denied that the damage was caused by fire, and averred that it was caused 'by water. The issue was raised squarely. The jury found for the plaintiff, and found the amount of plaintiff’s damage to be $1030. In answer to the only special question submitted, which was by the insurance company, they found that the fire originated by spontaneous combustion. A motion to set aside this finding as not supported by the evidence was denied, as…
2Cases cited15 opinions
- State v. MainSupreme Court of Connecticut · 1897
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Atchison, Topeka & Santa Fe Railroad v. MatthewsSupreme Court of Kansas · 1897
- Whitney v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Rogers v. HodgsonSupreme Court of Kansas · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Casey v. Phillips Pipeline Co.Supreme Court of Kansas · 1967
- Aetna Insurance Company v. Getchell Steel Treating Company, Inc., Commercial Union Assurance Company, Ltd. v. H & L CorporationCourt of Appeals for the Eighth Circuit · 1968
- Sheppard v. Wichita Ice & Cold Storage Co.Supreme Court of Kansas · 1910
- United States v. SteadmanCourt of Appeals for the Tenth Circuit · 1934
- State v. RennakerSupreme Court of Kansas · 1907
9 more not listed; retrieve them via the Exa API.