Spensley v. Lancashire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action on a policy of insurance. The case is thus stated by Mr. Justice Cassoday: , “On the afternoon of May 23, 1878, a heavy, dark thunder ■storm, giving evidences of considerable electric discharges along the lower edge, was seen from Mineral Point, stretching along the northern horizon, and apparently eight, ten or twelve miles from the city.
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APPEAL from the Circuit Court for Dane County. Action on a policy of insurance. The case is thus stated by Mr. Justice Cassoday: , “On the afternoon of May 23, 1878, a heavy, dark thunder ■storm, giving evidences of considerable electric discharges along the lower edge, was seen from Mineral Point, stretching along the northern horizon, and apparently eight, ten or twelve miles from the city. At the western part of the storm an ordinary wi.nd cloud sprang out and moved southward until it became distinctly separated from the thunder cloud by clear sky, and reached a point west of the city,…
1Opinion of the CourtCassoday, J.
It is urged by the learned counsel for the respondent, that “to justify a verdict for-the plaintiff it must appear, from a preponderance of evidence in the case, that the insured building was destroyed by lightning,” and therefore that the nonsuit was properly granted; and in support of the contention several cases are cited. In neither of the three cases cited from the supreme court of the United States was there a peremptory nonsuit, but each was submitted to the jury. Two of the cases were affirmed, and one reversed for instructions in favor of the defendant not warranted by the evidence.…
2Cases cited15 opinions
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Doe on the Demise of Elmore v. GrymesSupreme Court of the United States · 1828
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865
- Dodge v. McDonnellWisconsin Supreme Court · 1861
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3Cited by21 opinions
- Jordan v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1911
- Huber v. MillerOregon Supreme Court · 1902
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Clouse v. Saint Paul Fire & Marine InsuranceNebraska Supreme Court · 1950
- Hoye v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1886
16 more not listed; retrieve them via the Exa API.