Palatine Insurance v. O'Brien
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City (Enliott, J.) Plaintiff s 1st Prayer.—That the proper measure of damages in this case is the actual loss of such rents, if any, from the property described in the evidence that they shall find the plaintiff has sustained, not exceeding the sum insured, from the date of the fire until such time as the premises could be restored or rebuilt as promptly as the nature of the case would admit; with interest on such rents after GO…
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Appeal from the Superior Court of Baltimore City (Enliott, J.) Plaintiff s 1st Prayer.—That the proper measure of damages in this case is the actual loss of such rents, if any, from the property described in the evidence that they shall find the plaintiff has sustained, not exceeding the sum insured, from the date of the fire until such time as the premises could be restored or rebuilt as promptly as the nature of the case would admit; with interest on such rents after GO days from the time proofs of loss were submitted to the defendant, if they so find such proofs of loss to have been…
1Opinion of the CourtPearce, J.
This is the second time these cases have been before this Court, being argued at the October Term, 1907, and decided January 8th, 1908, the opinion being reported in 107 Md. 341. They are two actions of assumpsit brought by Katherine T. O’Brien against The Palatine Insurance Company, an English corporation, upon two separate policies insuring certain rents issuing out of premises belonging to and leased by Mrs. O’Brien. The buildings upon these premises were destroyed by fire on February 7th, 1904, when a large part of the City of Baltimore was swept by the great conflagration of that date…
2Cases cited4 opinions
- Eaton v. . WellsNew York Court of Appeals · 1880
- Palatine Insurance v. O'BrienCourt of Appeals of Maryland · 1908
- Foster v. NapierSupreme Court of Alabama · 1883
- McCullough v. HellwegCourt of Appeals of Maryland · 1886
3Cited by2 opinions
- Hodgson v. PhippinCourt of Appeals of Maryland · 1930
- Melville v. PageCourt of Appeals of Maryland · 1934