Farmers' Mutual Fire Insurance v. Schaeffer
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. At the trial below the plaintiff’s (appellee’s) second prayer, granted by the Court, was as follows: Even though the jury may find from the evidence that the use of the portable engine upon the premises in the manner described in the evidence materially increased the risk upon the property insured in the policy offered in evidence, and also that the said fire was caused, in whole or in part, by the use of said engine; yet,…
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Appeal from the Circuit Court for Carroll County. At the trial below the plaintiff’s (appellee’s) second prayer, granted by the Court, was as follows: Even though the jury may find from the evidence that the use of the portable engine upon the premises in the manner described in the evidence materially increased the risk upon the property insured in the policy offered in evidence, and also that the said fire was caused, in whole or in part, by the use of said engine; yet, nevertheless, if they shall further find that on the 17th day of February, 1892, plaintiff notified the general agent of…
1Opinion of the CourtBryan, J.
This is the second appeal in this case. The opinion delivered when the first appeal was decided will be found in 80 Maryland, 563. The appellant brought an action to recover the loss which he had sustained by the destruction by fire of a bark mill and shed which belonged to him. It was not controverted that the appellee’s property had been insured by the appellant (the defendant below), and it was admitted that he had sustained a loss by fire to the amount of fifteen hundred dollars. The liability of the insurance company depended, on the effect upon the rights of the parties which resulted…
2Cases cited1 opinion
- Schaeffer v. Farmers' Mutual Fire InsuranceCourt of Appeals of Maryland · 1895
3Cited by1 opinion
- Jones, Admr. v. HarbaughCourt of Appeals of Maryland · 1901