Brighthope Railway Co. v. Rogers
Supreme Court of Virginia
■ Writ of error to judgment of circuit court of Cliester- ' field county, in action of George J. Rogers, suing for benefit of tlie Watertown Fire Insurance Company, of i\ew York, against the Brighthope Bailway Company. Bogers had piled on the line of the railway company wood, insured in that insurance company by two policies aggregating $1,500. The wood was set on fire by defendant’s locomotive, and about $1,000 worth of it destroyed. Bogers claimed the insurance.
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■ Writ of error to judgment of circuit court of Cliester- ' field county, in action of George J. Rogers, suing for benefit of tlie Watertown Fire Insurance Company, of i\ew York, against the Brighthope Bailway Company. Bogers had piled on the line of the railway company wood, insured in that insurance company by two policies aggregating $1,500. The wood was set on fire by defendant’s locomotive, and about $1,000 worth of it destroyed. Bogers claimed the insurance. The claim was compromised by the payment of $701.51 by the insurance company, which then sued the defendant in Boger’s name, on…
1Opinion of the CourtStaples, J.
The first question to be considered here is, whether an insurance company which has paid the assured the amount due him upon the policy, can maintain an action for re*446imbursement in the name of the assured against the.person by whose misconduct or negligence the loss was occasioned.
The learned counsel for the defendants, in' a very elaborate note of argument, insists that the action cannot be supported, because there is no privity between the insurer of the property and the wrongdoer, and a right of action sounding in tort is not assignable at common law, and cannot be the subject of the…
2Cases cited2 opinions
- Colvin v. MenefeeSupreme Court of Virginia · 1854
- Grubbs v. WysorsSupreme Court of Virginia · 1879
3Cited by39 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Reusens v. LawsonSupreme Court of Virginia · 1895
- Richmond Railway & Electric Co. v. GarthrightSupreme Court of Virginia · 1896
- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
- Rita S. White, and Allstate Insurance Company, Third-Party v. Nationwide Mutual Insurance CompanyCourt of Appeals for the Third Circuit · 1966
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