Hartford Fire Insurance v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The insurance company, upon payment of the amount due from it to Burruss, at once became subrogated to all the rights of Burruss, against the railroad company to the extent of such payment. Steamship Co. v. Ins. Co., 129 U. S. 397-464; Hall v. R. R., 13 Wall. 367; Steamboat Potomac v. Cannon, 15 Otto, 630; R’y v. Rogers, 76 Va. 443; 11 Ins.
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Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The insurance company, upon payment of the amount due from it to Burruss, at once became subrogated to all the rights of Burruss, against the railroad company to the extent of such payment. Steamship Co. v. Ins. Co., 129 U. S. 397-464; Hall v. R. R., 13 Wall. 367; Steamboat Potomac v. Cannon, 15 Otto, 630; R’y v. Rogers, 76 Va. 443; 11 Ins. L. J., 899; Hart v. R. R., 13 Met. 99. (2) By accepting payment of the insurer the insured implicitly assigned his right of indemnity from the railroad company. It is in the nature of…
1Opinion of the CourtEllison, J.
— Plaintiff brought this action against defendant for money it had paid to John Burruss on a policy of fire insurance, insuring him against loss of damage by fire to his grain, seeds, sacks, etc., contained in his two-story frame warehouse, situate near defendant’s depot, at Miami station, in the sum of $1,000. While the policy was in force the insured property, together with the building which was not insured, was destroyed and damaged by fire to the amount of $763.50. Under the terms of the policy, plaintiff was liable for three fourths of the loss or damage. The insurance company paid to…
2Cases cited10 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
- The " Potomac"Supreme Court of the United States · 1882
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
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3Cited by8 opinions
- Travelers Indemnity Company v. ChumbleyMissouri Court of Appeals · 1965
- General Exchange Ins. Corp. v. YoungSupreme Court of Missouri · 1948
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
- British America Assurance Co. v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1912
- Smith v. Phoenix InsuranceMissouri Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.