Legal Opinion

Fraim v. National Fire Ins.

Supreme Court of Pennsylvania

Decided July 18, 1895No. Appeal, No. 377PublishedCited by 20 opinions

Appeal, No. 377, Jan. T., 1895, by defendant, from judgment of C. P. Lancaster Co., Jan. T., 1894, No. 28, on verdict for plaintiffs. Assumpsit on a policy of fire insurance. Before Livingston, P. J. At the trial it appeared that the policy contained a stipulation prohibiting the use of gasoline on the premises insured.

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Appeal, No. 377, Jan. T., 1895, by defendant, from judgment of C. P. Lancaster Co., Jan. T., 1894, No. 28, on verdict for plaintiffs. Assumpsit on a policy of fire insurance. Before Livingston, P. J. At the trial it appeared that the policy contained a stipulation prohibiting the use of gasoline on the premises insured. It appeared that plaintiffs kept a barrel of gasoline in a small building not insured about fifteen feet from their factory where they conducted the business of silverplating. The gasoline was drawn by a spigot into the factory, and emptied into a kettle containing three or…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

On January 21, 1893, plaintiffs were carrying on the business of gold, silver and nickel plating in a three story brick building in Lancaster city; at that date, they took from defendant a policy of insurance against fire in the sum of $1,500 for the term of one year on all their tools, machinery, gas fixtures and water pipes in the building. One of the printed conditions of the policy read thus:

“ This entire policy, unless otherwise provided by agreement endorsed hereon, or added hereto, shall be void, if, (any usage or custom of trade or manufacture to the…

2Cases cited6 opinions

  1. Stacey v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1841
  2. Mears v. Humboldt Ins.Supreme Court of Pennsylvania · 1879
  3. Hall v. President of the Insurance Co. of North AmericaNew York Court of Appeals · 1874
  4. Citizens' Insurance v. McLaughlinSupreme Court of Pennsylvania · 1867
  5. Franklin Fire Insurance v. BrockSupreme Court of Pennsylvania · 1868

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Weininger v. Metropolitan Fire InsuranceIllinois Supreme Court · 1935
  2. Yoch v. Home Mutual InsuranceCalifornia Supreme Court · 1896
  3. Jackson Yellow Cab Co. v. AlexanderMississippi Supreme Court · 1963
  4. McClure v. Mutual Fire Ins.Supreme Court of Pennsylvania · 1913
  5. Diesbourg v. Hazel-Atlas Glass Co.Court of Appeals for the Third Circuit · 1949

15 more not listed; retrieve them via the Exa API.

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