Gunther v. Liverpool & London & Globe Ins.
U.S. Circuit Court for the District of Eastern New York
At Law. On motion for now trial. Action by Amelia A. Gunther, executrix, etc., and others against the Liverpool & London & Globe Insurance Company on a policy of insurance issued by such company.
1Opinion of the CourtLacoMbe, J.
When the testimony in this case was closed, defendant moved for the direction of a verdict. The court was inclined to grant such motion on the ground that it appeared by uncontradicted evidence that the cause of the ñre was the drawing of kerosene by lamplight. Inasmuch, however, as much testimony had been introduced bearing on another defense, viz., the presence or use of gasoline or benzine on the premises, the motion was denied, with leave to renew after verdict as a motion for direction of judgment. All question as to the drawing of kerosene by lamplight was withdrawn from the jury, and…
2Cases cited3 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Shellington v. . HowlandNew York Court of Appeals · 1873
- The Onondaga County Mutual Insurance Company v. . MinardNew York Court of Appeals · 1848
3Cited by4 opinions
- Ætna Ins. v. Sacramento-Stockton S. S. Co.Court of Appeals for the Ninth Circuit · 1921
- Aetna Life Insurance v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1913
- Vandervolgen v. Manchester Fire Assurance Co.Michigan Supreme Court · 1900
- Marine Equipment Corp. v. Automobile Ins. Co. of HartfordDistrict Court, S.D. New York · 1927