German Savings & Loan Society v. Commercial Union Assur. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. Action by the German Savings & Loan Society against the Commercial Union Assurance Company, Limited, of London, England. Judgment for defendant, and plaintiff brings error.
1ConcurrenceRoss, Circuit Judge
In my opinion the instructions of the court below were in strict accord with the ruling of this court in the case of Richmond Coal Co. v. Commercial Union Assur. Co., 169 Fed. 746, 95 C. C. A. 178. In effect, the court told the jury that if the explosion, and not the earthquake, caused the fire, the plaintiff was entitled to recover, but that if the explosion was a mere incident of a fire, caused by the earthquake which consumed the building in question, and not an independent cause of that fire, the verdict should be for the defendant. That was precisely what was held by this court in the…
2Cases cited1 opinion
- Richmond Coal Co. v. Commercial Union Assur. Co., Ltd., of London, EnglandCourt of Appeals for the Ninth Circuit · 1909