Bird v. St. Paul Fire & Marine Insurance
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. On the night of July 30, 1916, a fire broke out in the Lehigh Valley Railroad Company’s freight yards, under some freight cars loaded with munitions of war.
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Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. On the night of July 30, 1916, a fire broke out in the Lehigh Valley Railroad Company’s freight yards, under some freight cars loaded with munitions of war. An explosion ensued which caused another fire in the yard, which resulted in another and terrific explosion of a large quantity of dynamite and other explosives stored in the yard, causing a concussion of the air which in turn damaged the plaintiff’s canal boat lying about 1,000 feet distant, to the extent of $675. No…
1Opinion of the Court
Blackmar, J.:
Even if a policy contains the usual exemptions from loss for damage by explosion of any kind, unless fire ensues, and in that event for damage by fire only, it is authoritatively decided in this State that, if the explosion was an incident to a fire insured against, the company is liable for all the loss, both that caused by the fire and the explosion. (Wheeler v. Phenix Ins. Co., 203 N. Y. 283.) The rule that damage by explosion caused by fire is a loss by fire, was even before that case well settled. So in Waters v. Merchants’ Louisville Ins. Co. (11 Pet. 213) Justice Story…
2Cases cited19 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- The G. R. BoothSupreme Court of the United States · 1898
- People v. . KaneNew York Court of Appeals · 1915
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3Cited by1 opinion
- De Mills Co. v. CaseyNew York Supreme Court · 1923