Birmingham Fire Insurance v. Kroegher
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November -Term 1876, No. 108. Case by William Kroegher against the Birmingham Fire Insurance Company to recover the amount of a policy of insurance on a stock of merchandise contained in a store at the Enon Coal Company’s works. The store was an ordinary country store kept for the purpose of supplying the miners at the coal works.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November -Term 1876, No. 108. Case by William Kroegher against the Birmingham Fire Insurance Company to recover the amount of a policy of insurance on a stock of merchandise contained in a store at the Enon Coal Company’s works. The store was an ordinary country store kept for the purpose of supplying the miners at the coal works. The first condition of the policy contained this provision :— “ If the assured shall keep or have in any place or premises where this policy may apply, petroleum, naphtha, benzine,…
1Opinion of the CourtJustice Gordon
We cannot approve of the answers of the court to the plaintiff’s (defendant in error) 1st and 2d points. Kroegher accepted the policy with the express stipulation therein contained, that the use of petroleum, or any product thereof upon the premises insured, without written permission, would avoid it. Granted that carbon oil is usually kept for sale as part of the stock of a country store ; the same may be said of gunpowder, and, perhaps, the reason for the prohibition maybe discovered in the fact that such a custom does exist, for if these articles were never found among such stocks this…
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