Legal Opinion

Toledo, St. Louis & Western Railroad v. Home Insurance

Indiana Court of Appeals

Decided May 27, 1913No. 8,001Published

From Howard Circuit Court; WilUam C. Purdum, Judge. Action by tbe Home Insurance Company of New York against the Toledo, St. Louis and Western Railroad Company. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtHottel, J.

— This is an appeal from a judgment for $250 obtained by the appellee in an action brought by it against the appellant for damages to a house resulting from a fire alleged to have been caused by appellant’s negligence. The appellee had written a policy of insurance on such house and claimed to be subrogated to the rights of the owner thereof by reason of having paid to him, under such policy, the loss sustained on account of such fire and by reason of an assignment to this effect from such owner. The complaint was in three paragraphs, a demurrer to each of which was overruled, but as such…

2Cases cited14 opinions

  1. Malott v. HawkinsIndiana Supreme Court · 1902
  2. Indianapolis Street Railway Co. v. MarschkeIndiana Supreme Court · 1906
  3. Evansville & Terre Haute Railway Co. v. BerndtIndiana Supreme Court · 1909
  4. City of Franklin v. HarterIndiana Supreme Court · 1891
  5. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Indiana Horseshoe Co.Indiana Supreme Court · 1900

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