Legal Opinion

Home Insurance v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Supreme Court of Minnesota

Decided July 2, 1920No. 21,790PublishedCited by 4 opinions

Action in the district court for Watonwan county to recover $13,034.23, paid by plaintiff upon its insurance policies for loss of buildings and their contents from fire caused by the wilful negligence of defendants. The substance of the answer is stated in the third paragraph of the opinion.

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Action in the district court for Watonwan county to recover $13,034.23, paid by plaintiff upon its insurance policies for loss of buildings and their contents from fire caused by the wilful negligence of defendants. The substance of the answer is stated in the third paragraph of the opinion. The case was tried before Comstock, J., who at the close of the testimony denied the motion of defendant railway company for a directed verdict, and a jury which returned a verdict in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.

1Opinion of the CourtBrown, C. J.

The St. James Farmers Grain Company, a corporation, owned'and operated a grain elevator situated on the right of way of defendant railroad company as its line extends through the city of St. James. Certain other buildings used in its business immediately adjoined the ele*241vator, but were not upon tbe railroad right of way. All the buildings were insured in the Home Insurance Company, plaintiff in this action, foT their insurable value. They were destroyed by fire on the sixteenth day of May, 1918, and the insurance company in the due course of time adjusted and paid the loss. On the claim that…

2Cases cited3 opinions

  1. Commercial Union Assurance Co. v. Foley Bros.Supreme Court of Minnesota · 1918
  2. Lares v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1919
  3. Trustees of Little Cedar Congregation v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1912

3Cited by4 opinions

  1. Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1920
  2. Weirick v. Hamm Realty Co.Supreme Court of Minnesota · 1929
  3. Potter v. Great Northern Railway Co.Supreme Court of Minnesota · 1925
  4. Northern Timber Products Co. v. Stone-Ordean-Wells Co.Supreme Court of Minnesota · 1921

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