Mutual Fire Insurance v. Showalter
Superior Court of Pennsylvania
Appeal, No. 112, Nov. T., 1896, by defendant, from judgment of C. P., Chester Co., Oct. T., 1895, No. 44, on verdict for plaintiff. Trespass for wilful burning of a barn. Before WADDELL, P. J. On January 18, 1895, a barn with its contents belonging to Edward S. Eaby and his sister, Mary S. Richwine, was totally destroyed by fire. The property was insured in the plaintiff company, — barn for $850 and the contents for $350. The insurance covered much less than the whole loss.
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Appeal, No. 112, Nov. T., 1896, by defendant, from judgment of C. P., Chester Co., Oct. T., 1895, No. 44, on verdict for plaintiff. Trespass for wilful burning of a barn. Before WADDELL, P. J. On January 18, 1895, a barn with its contents belonging to Edward S. Eaby and his sister, Mary S. Richwine, was totally destroyed by fire. The property was insured in the plaintiff company, — barn for $850 and the contents for $350. The insurance covered much less than the whole loss. Edward S. Eaby, who had become insane, appeared to have set the barn on fire, either wilfully or by gross negligence.…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff company issued a policy of fire insurance to the defendant, Edward S. Eaby, and his sister Mary S. Eaby, to the amount of $850 on the stone barn, and $350, on the contents thereof. For the purposes of the present discussion it is sufficiently exact to say, that on the morning of January 18, 1895, Edward, being insane at the time, after poisoning the cattle, *455set fire to the barn, and it was totally destroyed. His sister’s loss, as settled, adjusted and paid by the company was $569.25. Subsequently, the company obtained from her an assignment of her claim…
2Cases cited14 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Williams v. . HaysNew York Court of Appeals · 1894
- Bullock v. BabcockNew York Supreme Court · 1829
- Morse v. CrawfordSupreme Court of Vermont · 1845
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lobert v. PackSupreme Court of Pennsylvania · 1939
- Wolf's CaseSupreme Court of Pennsylvania · 1900
- Bojanoski v. Porter, Pennsylvania Court of Common Pleas, Philadelphia County1955
- Continental Auto Insurance v. International Motor Co., Pennsylvania Court of Common Pleas, Lehigh County1923