Bentley v. Lumbermen's Insurance
Supreme Court of Pennsylvania
Appeal, No. 157, Jan. Term, 1898, c by defendant, from judgment of C. P. No. 4, Phila. County, Sept. T., 1896, No. 808, on verdict for plaintiff. Assumpsit upon a policy of fire insurance, for partial loss by fire. Before Aenold, P. J. The policy was in the sum of $4,000 on a brick dwelling house. There was an explosion caused by the use of benzine, blowing the skylight out of the top of the house, demolishing the heater in the cellar and setting the house afire.
Read the full summary
Appeal, No. 157, Jan. Term, 1898, c by defendant, from judgment of C. P. No. 4, Phila. County, Sept. T., 1896, No. 808, on verdict for plaintiff. Assumpsit upon a policy of fire insurance, for partial loss by fire. Before Aenold, P. J. The policy was in the sum of $4,000 on a brick dwelling house. There was an explosion caused by the use of benzine, blowing the skylight out of the top of the house, demolishing the heater in the cellar and setting the house afire. The additional facte appear by the opinion of the Supreme Court. The court charged in part as follows: [The rule of law in a case…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
On the trial of this case it was fully established by the only *279testimony that was given on the subject, and not at all contradicted, that the benzine taken on the premises was procured only for the purpose of cleansing and protecting the carpets and furniture in the house. The quantity purchased was ten gallons, in two five gallon cans, one of which was placed in an outside kitchen and the other was taken into the parlor and from it the liquid was poured into a small watering pot, and was thus used to sprinkle over the carpet and furniture. The benzine was…
2Cases cited5 opinions
- Fraim v. National Fire Ins.Supreme Court of Pennsylvania · 1895
- Mears v. Humboldt Ins.Supreme Court of Pennsylvania · 1879
- Citizens' Insurance v. McLaughlinSupreme Court of Pennsylvania · 1867
- Farmers' & Mechanics' Insurance v. SimmonsSupreme Court of Pennsylvania · 1858
- Krug v. German Fire InsuranceSupreme Court of Pennsylvania · 1892
3Cited by2 opinions
- McClure v. Mutual Fire Ins.Supreme Court of Pennsylvania · 1913
- McCurdy v. Orient InsuranceSuperior Court of Pennsylvania · 1906