Legal Opinion

Home Insurance v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

Supreme Court of Minnesota

Decided January 24, 1898No. Nos. 10,823-(245)PublishedCited by 9 opinions

Appeal by plaintiff from a.judgment for defendants entered in the district court for Hennepin county pursuant to the findings and order of Smith, J. The insurance policies issued by the eleven other insurance companies covered the grain destroyed in the elevator, and the railway company could have recovered the entire amount of loss from said eleven insurance companies to the extent of their several policies.

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Appeal by plaintiff from a.judgment for defendants entered in the district court for Hennepin county pursuant to the findings and order of Smith, J. The insurance policies issued by the eleven other insurance companies covered the grain destroyed in the elevator, and the railway company could have recovered the entire amount of loss from said eleven insurance companies to the extent of their several policies. To this extent the railway company’s liability was protected and diminished. London v. Glyn, 1 Ell. & Ell. 652; Home v. Baltimore, 93 U. S. 527; Hough v. President, 36 Md. 398; Turner v.…

1Opinion of the CourtCanty, J.

2

The defendant railway company has for years carried large quantities of grain over its railroad from Minneapolis, Minn., to Gladstone, Mich. At the latter point it had an elevator in which it placed this grain while awaiting shipment across the Great Lakes. On the night of November 29, 189T, this elevator with its contents *299was destroyed by fire. The contents consisted of $56,499 worth of wheat, the property of several shippers, who had shipped it over said railroad; and the amount of freight charges then due the railway company on the same was $3,330, and the amount of elevator charges was…

2Cases cited3 opinions

  1. Minneapolis, St. Paul & Sault Ste. Marie Ry. Co. v. Home Ins.Supreme Court of Minnesota · 1893
  2. Fire Insurance Ass'n of England v. Merchants & Miners' Transportation Co.Court of Appeals of Maryland · 1887
  3. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Home InsuranceSupreme Court of Minnesota · 1896

3Cited by9 opinions

  1. Queen Ins. Co. of America v. Meyer Milling Co.Court of Appeals for the Eighth Circuit · 1930
  2. MILLERS'MUT. FIRE INS. ASS'N v. Warroad Potato G. Ass'nCourt of Appeals for the Eighth Circuit · 1938
  3. Orient Ins. Co. v. Skellet Co.Court of Appeals for the Eighth Circuit · 1928
  4. Symmers v. . CarrollNew York Court of Appeals · 1913
  5. Kirkland v. Ohio Casualty InsuranceCourt of Appeals of Washington · 1977

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