Dwelling House Insurance v. Brewster
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. See opinion for statement of the case. The court erred in its presentation of the issues to the jury, and in instructing the jury that the burden was upon the plaintiff only to prove the value of the building insured. (School District v. Holmes, 16 Neb., 486; Chicago, St. P., M. & O. P. Co. v. Lindstrom, 16 Neb., 254; Dins-more v. Stimbert, 12 Neb., 433; Phenix. Ins.
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Error from the district court of Lancaster county. Tried below before Hall, J. See opinion for statement of the case. The court erred in its presentation of the issues to the jury, and in instructing the jury that the burden was upon the plaintiff only to prove the value of the building insured. (School District v. Holmes, 16 Neb., 486; Chicago, St. P., M. & O. P. Co. v. Lindstrom, 16 Neb., 254; Dins-more v. Stimbert, 12 Neb., 433; Phenix. Ins. Co. v. Bach-elder, 32 Neb., 490; German Ins. Co.v. Fairbank, 32 Neb., 750; Kelsey v. McLaughlin, 10 Neb., 6.) It was the duty of the plaintiff to show…
1Opinion of the CourtHarrison, J.
The defendant in. error commenced this action in the district court of Lamuster county, alleging, in substance, in his petition, that on August 9, 1886, he was the owner *530of a dwelling house in Brewster, Blaine county, and the-insurance company, plaintiff in error, in consideration of the sum of $40, issued and delivered to him, of the above-date, a policy of insurance insuring the above building against loss or damage by fire, in the sum of $1,000, during a term of five years; that on the 2d day of December,. 1887, the building so insured was wholly destroyed by fire, and on or about the 6th…
2Cases cited5 opinions
- Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
- J. B. Dinsmore & Co. v. StimbertNebraska Supreme Court · 1882
- School District No. 27 v. HolmesNebraska Supreme Court · 1884
- Omaha Fire Insurance v. DierksNebraska Supreme Court · 1895
- Kelsey v. McLaughlinNebraska Supreme Court · 1880
3Cited by17 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- State v. HillNebraska Supreme Court · 1896
- Ætna Insurance v. SimmonsNebraska Supreme Court · 1896
- Rochester Loan & Banking Co. v. Liberty InsuranceNebraska Supreme Court · 1895
- German Insurance & Savings Institution v. KlineNebraska Supreme Court · 1895
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