Fidelity Insurance v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at August Term, 1913, 'of "WAYNE. Civil action tried upon these issues: 1. Did defendant negligently bum the property of M. 0. Kornegay, as alleged in the complaint? Answer: Yes. 2. If so, did M. 0. Kornegay sue defendant Atlantic Coast Line Railroad Company for the total loss suffered by him through said negligent burning, after the payment to him by each of the plaintiffs of the amount of the policies of insurance held by him, as…
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Appeal by defendant from Daniels, J., at August Term, 1913, 'of "WAYNE. Civil action tried upon these issues: 1. Did defendant negligently bum the property of M. 0. Kornegay, as alleged in the complaint? Answer: Yes. 2. If so, did M. 0. Kornegay sue defendant Atlantic Coast Line Railroad Company for the total loss suffered by him through said negligent burning, after the payment to him by each of the plaintiffs of the amount of the policies of insurance held by him, as alleged in the complaint ? Answer; Yes. 3. Did M. 0. Kornegay, the insured, recover judgment in said action against the said…
1Opinion of the Court
BR0WN, J.
Upon the coming in of the verdict, the jury having found, what was practically admitted, that' this action was begun more than three years after the property was destroyed by the defendant, the latter tendered the judgment set oiit in the record, that the plaintiffs recover nothing, and that the defendant go without day and recover costs. The- court declined to sign such judgment, and the defendant duly excepted and assigns error accordingly. In this there was error, as the cause of action was barred by the statute of limitations.
The standard policy of fire insurance contains this…
2Cases cited18 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Comegys v. VasseSupreme Court of the United States · 1828
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
- The " Potomac"Supreme Court of the United States · 1882
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3Cited by9 opinions
- Anheuser-Busch, Inc. v. StarleyCalifornia Supreme Court · 1946
- Moltz, to Use v. Sherwood Bros., Inc.Superior Court of Pennsylvania · 1934
- Kidd v. HillmanCalifornia Court of Appeal · 1936
- In Re a Declaratory Ruling by the North Carolina Commissioner of Insurance Regarding 11 N.C.A.C. 12.0319Court of Appeals of North Carolina · 1999
- Moore v. Beacon InsuranceCourt of Appeals of North Carolina · 1981
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