German Fire Ins. Co. v. Shawnee County Com'rs
Decision Date | 09 March 1895 |
Parties | THE GERMAN FIRE INSURANCE COMPANY v. THE BOARD OF COMMISSIONERS OF SHAWNEE COUNTY et al.--THE OAKLAND HOME INSURANCE COMPANY v. SAME |
Court | Kansas Supreme Court |
Error from Shawnee District Court.
Two cases were brought by the board of county commissioners of Shawnee county, Kansas, one against the German Fire Insurance Company, and the other against the Oakland Home Insurance Company, to recover upon two policies insuring a building situate upon the fair ground in Shawnee county, and known as a "grand stand." It was alleged that the building was wholly destroyed by fire on September 28, 1888, and that although proofs of loss had been made, and all the conditions of the contract had been performed by the board of county commissioners, the companies had refused to adjust or pay the loss. A judgment for $ 1,000 was asked for in each case. The answers of the insurance companies are substantially the same, and were, first, a general denial; second, an averment that the fire occurred through the unlawful act of third persons and through the gross negligence and neglect of the plaintiff; and, third, that the premises were so occupied as to increase the risk, without the consent of the insurance companies being indorsed upon the policies, and that gasoline or some volatile burning fluid was kept and used, and was permitted by the plaintiff to be kept and used, on the premises, by reason of which an explosion occurred, which destroyed the property, and that, had the plaintiff not permitted gasoline to be used upon the premises, the loss would not have occurred. The case was submitted to the court upon an agreed statement of facts, which is as follows:
Upon the pleadings and the agreed statement of facts, the court found in favor of the plaintiffs and against the companies, and rendered judgment against each in the sum of $ 1,140. In each case, motions for a new trial were made and overruled, and each company brings the case here alleging error.
Judgment reversed and cause remanded.
E. F. Ware, for plaintiffs in error, submitted the following authorities: 116 U.S. 113; 134 id. 110, 115; 51 Am. Rep. 532; 97 Mass. 284; 58 Pa. 443; 45 N.W. 1047; 49 id. 253; 13 Am. Rep. 582.
R. B. Welch, D. R. Hite, and Henry Keeler, for defendants in error:
1. The term "premises," as used in the policies, does not mean the state fair grounds, but means the building -- the grand stand, as described in the policies. See Insurance Co. v. Insurance Co., 40 Wis. 446; Sporry v. Insurance Co., 22 F. 516; Insurance Co. v. Exposition Society, 11 A. 572; La Force v. Insurance Co., 43 Mo. 518.
2. The allegation in the answer of the insurance...
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