Lycoming Fire Insurance v. Schwenk
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northumberland county : Of May Term 1880, No. 135. Covenant by William Schwenk and Jacob Geise, trading as William Schwenk & Co., for the use of Henry Saylor against the Lycoming Fire Insurance Company, upon a policy of insurance upon a coal-breaker and machinery near Mount Carmel, in Northumberland county.
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Error to the Court of Common Pleas of Northumberland county : Of May Term 1880, No. 135. Covenant by William Schwenk and Jacob Geise, trading as William Schwenk & Co., for the use of Henry Saylor against the Lycoming Fire Insurance Company, upon a policy of insurance upon a coal-breaker and machinery near Mount Carmel, in Northumberland county. The defendant pleaded:— 1. That the property alleged in thé declaration to have been burned and destroyed by fire “ was burnt and destroyed by rioters in the perpetration of a riot and not in any other manner2. That the burning and destruction of the…
1Opinion of the CourtJustice Green
*95The defendant’s sixth point requested the court to say “that if the jury believe that the breaker was destroyed by fire in the manner testified by Timothy Adams, their verdict ought to be in favor of the defendant.” The seventh point made a similar request as to the testimony of Alfred Ford. Adams had testified that at about eleven o’clock at night, while he was watching at the breaker,
“ there was a lot of men came up to the breaker through the woods. I first heard them, and I fired a shot; they fired too; they returned the fire and came up right away and set fire to the breaker. I seen some…
2Cited by12 opinions
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- Bituminous Casualty Corporation, and Cross-Appellant v. James T. Lynn, Secretary of Housing and Urban Development, and Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1974
- Commonwealth v. MerrickSuperior Court of Pennsylvania · 1917
- Salem Mfg. Co. v. First American Fire Ins.Court of Appeals for the Ninth Circuit · 1940
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