Heron v. Phoenix Mutual Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 417, Jan. T., 1896, by defendant, from judgment of C. P. Chester Co., Oct. T., 1895, No. 56, on verdict for plaintiff. Assumpsit on a policy of fire insurance. Before Hemphill, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 417, Jan. T., 1896, by defendant, from judgment of C. P. Chester Co., Oct. T., 1895, No. 56, on verdict for plaintiff. Assumpsit on a policy of fire insurance. Before Hemphill, J. The facts appear by the opinion of the Supreme Court. Defendant’s points and answers thereto were as follows : 1. If the jury believe that the assured, prior to or at the time of the fire, kept, used, or allowed fireworks on the premises, this was contrary to the contract of insurance, and avoided the policy, and there can be no recovery thereon. Answer: This point we must disaffirm, as in our view the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This action of assumpsit, brought to recover the value of certain household goods, etc., insured by defendant company and destroyed by fire on July 3,1895, involves the construction of certain provisions of the policy in suit.
There is no controversy as to any of the material facts. For the purpose of celebrating the 4th of July of that year, plaintiff bought a lot of assorted fireworks which were delivered at his residence on the morning of the 3d, and were shortly afterwards, with his knowledge and approbation, placed in the parlor for use on the…
2Cases cited4 opinions
- Fraim v. National Fire Ins.Supreme Court of Pennsylvania · 1895
- Mears v. Humboldt Ins.Supreme Court of Pennsylvania · 1879
- Lancaster Fire Insurance v. George L. Lenheim & Co.Supreme Court of Pennsylvania · 1879
- Fraim v. Manchester Fire Assurance Co.Supreme Court of Pennsylvania · 1895
3Cited by4 opinions
- Packard Manufacturing Co. v. Indiana Lumbermens Mutual InsuranceSupreme Court of Missouri · 1947
- McClure v. Mutual Fire Ins.Supreme Court of Pennsylvania · 1913
- ALABAMA FARM BUR. MUT. CAS. INS. CO. v. MooreSupreme Court of Alabama · 1983
- Lebanon Co. v. Franklin Fire Ins.Supreme Court of Pennsylvania · 1912