Eastern Railroad v. Relief Fire Insurance
Massachusetts Supreme Judicial Court
Contract on a poEcy of insurance dated March 2, 1865, by which the defendants, who were a stock insurance company doing business in New York, insured the plaintiffs for one year against loss or damage by fire to the amount of $10,000 “ on their Eability for loss and damage by fire occasioned by sparks from locomotives to property of others situate on lands not owned or occupied by the plaintiffs.
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Contract on a poEcy of insurance dated March 2, 1865, by which the defendants, who were a stock insurance company doing business in New York, insured the plaintiffs for one year against loss or damage by fire to the amount of $10,000 “ on their Eability for loss and damage by fire occasioned by sparks from locomotives to property of others situate on lands not owned or occupied by the plaintiffs. The poEcy purported on its face to be made and accepted in reference to certain printed conditions annexed to it, and which were declared to be part of the contract. The 9th of these conditions was…
1Opinion of the CourtAmes, J.
The policy under which the plaintiffs claim does not apply to any particular building or to any specific or definite description of property. It was a contract of indemnity against loss or damage by fire occasioned by sparks from locomotives b property of others on lands not owned or occupied by the assured Under the provisions of the Gen. Sts. c. 63, § 101, railroad cor porations were made hable for all such losses, and were declared to have an insurable interest in all property exposed to injury of that kind from its proximity to their respective routes. The policy is therefore…
2Cases cited1 opinion
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
3Cited by20 opinions
- Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
- German Insurance v. GraySupreme Court of Kansas · 1890
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
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