Lockwood v. Atlantic Mutual Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The measure of damages established by the fifth instruction is erroneous and the damages are excessive. II. The contract of insurance is a contract of indemnity. If entitled to recover at all, the assured is only entitled to recover what he has lost by the peril insured against. (1 Phill. Ins. 1, § 1; id. 5, § 5185, § 827; 2 Phill. Ins. 47, § 1238; McGregor v. Ins. Co. of Pennsylvania, 1 Wash.
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Appeal from St. Louis Circuit Court. I. The measure of damages established by the fifth instruction is erroneous and the damages are excessive. II. The contract of insurance is a contract of indemnity. If entitled to recover at all, the assured is only entitled to recover what he has lost by the peril insured against. (1 Phill. Ins. 1, § 1; id. 5, § 5185, § 827; 2 Phill. Ins. 47, § 1238; McGregor v. Ins. Co. of Pennsylvania, 1 Wash. C. C. 39.) I. The insurance in this case was on freight — not, as the defendant supposes, on profits. Profits may be insured, but this is not such an insurance.…
1Opinion of the CourtBliss, Judge
This is an action upon a policy of insurance upon the freight list of the steamer Bridgeport, bound for the upper Missouri, and substantially the same facts are embodied in the record as were shown in Lockwood v. Sangamo Ins. Co., 46 Mo. 71. The ease was tried by jury, and the plaintiffs recovered judgment. One of the instructions complained of is the same, adapted to a freight-list insurance, as the one first considered in said case, and the present criticism raises no new point. It seems rather verbal than substantial.
The jury were also instructed that if they believed the defendant…
2Cases cited3 opinions
- Brown v. Railway Passenger Assurance Co.Supreme Court of Missouri · 1870
- Coolidge v. Gloucester Marine InsuranceMassachusetts Supreme Judicial Court · 1819
- Lockwood v. Sangamo InsuranceSupreme Court of Missouri · 1870
3Cited by11 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Blackwell v. American Central InsuranceMissouri Court of Appeals · 1899
- Stewart ex rel. Stewart v. ToddMissouri Court of Appeals · 1902
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