Eaton v. Globe & Rutgers Fire Insurance
Massachusetts Supreme Judicial Court
Twelve actions of contract (two actions being brought under each title above given) upon six policies of fire insurance purporting to cover “telegraph poles cut and peeled and all other timber products not more hazardous” located on the “Carrier Tract,” so called, of five hundred and twenty-six acres, which is about six and one half miles from the Holly Ridge station of the Atlantic Coast Line railroad in the State of North Carolina.
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Twelve actions of contract (two actions being brought under each title above given) upon six policies of fire insurance purporting to cover “telegraph poles cut and peeled and all other timber products not more hazardous” located on the “Carrier Tract,” so called, of five hundred and twenty-six acres, which is about six and one half miles from the Holly Ridge station of the Atlantic Coast Line railroad in the State of North Carolina. In six of the actions the plaintiff sought to recover for loss and damage caused by a fire which commenced on October 30,1912; and in the other six for loss and…
1Opinion of the CourtBraley, J.
By the terms óf the report, if no error of law appears, judgment for the plaintiff shall be entered on the verdicts, and all material questions raised by the defendants except the rulings on the admission and exclusion of evidence, are covered by their exceptions to the refusal of their first request, common to all the cases, that upon the evidence the plaintiff could not recover, as the subsequent requests are merely specifications of the grounds upon which the first request was asked.
The issuance of the policies, the occurrence of the fires, and consequent loss to the plaintiff to some…
2Cases cited36 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Liverpool & London & Globe Insurance v. KearneySupreme Court of the United States · 1901
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Knights of Pythias v. KalinskiSupreme Court of the United States · 1896
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
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3Cited by14 opinions
- Fitchburg Savings Bank v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1931
- Merrimack Mutual Fire Insurance v. NonakaMassachusetts Supreme Judicial Court · 1993
- Palumbo v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1935
- Shumway v. Home Fire & Marine Insurance Co. of CaliforniaMassachusetts Supreme Judicial Court · 1938
- DiFrancesco v. Zurich General Accident & Liability InsuranceSupreme Court of Connecticut · 1926
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