Sun Insurance Office v. Western Woolen-mill Co.
Supreme Court of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This was an action upon an ordinary fire-insurance policy to recover for loss and damage to a large quantity of wool which, it was alleged, was caused by fire. The Western Woolen-mill Company had about 30,000 pounds of wool stored in a warehouse in Topeka adjacent to its mill, where it was engaged in the manufacture of woolen cloth.
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Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This was an action upon an ordinary fire-insurance policy to recover for loss and damage to a large quantity of wool which, it was alleged, was caused by fire. The Western Woolen-mill Company had about 30,000 pounds of wool stored in a warehouse in Topeka adjacent to its mill, where it was engaged in the manufacture of woolen cloth. The wool was what is known as “wool in the grease,” as it comes from the animal and in its natural state, more or less contaminated with dirt. The- insurance company insured the wool “against all…
1DissentPorter, J.
The writer is unable to concur in the views of the majority of the court as expressed in the foregoing opinion. This court has reversed a case where the ownership of two steers worth sixty-three dollars was involved because of error in permitting a witness to testify directly to the ownership, that being the ultimate fact to be determined by the jury. (Hite v. Stimmell, 45 Kan. 469, 25 Pac. 852.) In that case some other incompetent testimony was admitted, which was, however, of little consequence; and, it is only fair to state, it does not appear in that case that the witness testified…
2Cases cited2 opinions
- Gibbons v. German Insurance & Savings InstitutionAppellate Court of Illinois · 1889
- Hite v. StimmellSupreme Court of Kansas · 1891