Stoughton v. Manufacturers' Natural Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 122, Oct. T., 1894, by-plaintiff, from order of C. P. No. 1, Allegheny Co., March T., 1891, No. 218, distributing fund in hands of sheriff. Petition for subrogation.
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Appeal, No. 122, Oct. T., 1894, by-plaintiff, from order of C. P. No. 1, Allegheny Co., March T., 1891, No. 218, distributing fund in hands of sheriff. Petition for subrogation. The petition of the Phcenix Assurance Co. of London and the Western Assurance Co. of Toronto averred in substance that a verdict was rendered in the above case, March 13, 1893, for $5,675.89, and judgment entered thereon. [159 Pa. 64.] That a dispute has arisen between them and W. B. Stoughton as.to the amount of said judgment petitioners are entitled to, and that the amount has been paid to the sheriff. That the…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
The plaintiff brought his suit against the gas company for his whole loss, and prima facie the verdict must be considered as representing the whole loss. That was the question at issue, and it has been determined by the tribunal which has authority to conclude it. In this case there is nothing to rebut this presumption.
Subrogation is based upon equity, and no doubt the statute, in directing through its standard form of insurance policy the subrogation of the insurers to the rights of the insured against the party primarily responsible for the loss, meant that it…
2Cases cited3 opinions
- Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
- Ætna Ins. v. ConferSupreme Court of Pennsylvania · 1893
- Insurance Co. of N. A. v. Fidelity Co.Supreme Court of Pennsylvania · 1889
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- London Lancashire Indemnity Co. of America v. ReidDistrict Court, E.D. Pennsylvania · 1957
- Certain Underwriters at Lloyds, London that Subscribe to Certificate No. B1234HISINC2023, as Subrogee of H.C. Pody Company v. IAG Construction, Inc. and Pennoni Associates, Inc.District Court, E.D. Pennsylvania · 2026
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