Kattelmann v. Fire Ass'n
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The court committed manifest error in refusing the demurrer to the evidence asked by defendant. There was no substantial evidence tending to prove that plaintiff’s building was struck by lightning, as alleged in his petition. It was not sufficient to authorize a verdict in his favor, that it might be conjectured, that perhaps, lightning may have been the cause of the injury.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The court committed manifest error in refusing the demurrer to the evidence asked by defendant. There was no substantial evidence tending to prove that plaintiff’s building was struck by lightning, as alleged in his petition. It was not sufficient to authorize a verdict in his favor, that it might be conjectured, that perhaps, lightning may have been the cause of the injury. “A finding based upon mere conjecture will be vacated as being wholly unsupported by evidence.” Ascher v. Schaeper, 25 Mo. App. 1; G-liek v.…
1Opinion of the CourtSmith, P. J.
This is a suit on a lightning insurance policy.
By the terms of the policy the defendant contracted to insure plaintiff against any “direct loss or damage caused by *450lightning to an amount not exceeding eighteen hundred dollars, on his two story brick, gravel roof building occupied as a store and dwelling house, and to an amount not exceeding two hundred dollars on the shelving, counters and furniture in said building.” There was a trial to a jury. At the conclusion of all the evidence the defendant unsuccessfully interposed a demurrer thereto. The first question which we are required to'…
2Cases cited3 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Leeright v. AhrensMissouri Court of Appeals · 1894
- Babcock v. Montgomery County Mutual InsuranceNew York Court of Appeals · 1850
3Cited by3 opinions
- Delametter v. the Home Ins. Co.Missouri Court of Appeals · 1939
- Drumm-Flato Commission Co. v. Gerlack BankMissouri Court of Appeals · 1902
- Barr & Martin v. JohnsonMissouri Court of Appeals · 1913