Springfield Fire & Marine Ins. Co. v. Wade
Decision Date | 19 June 1902 |
Parties | SPRINGFIELD FIRE & MARINE INS. CO. v. WADE. |
Court | Texas Supreme Court |
Action by Thomas L. Wade against the Springfield Fire & Marine Insurance Company. Judgment for plaintiff, and defendant appeals. Questions certified to the supreme court. Questions answered.
Alexander & Thompson, S. J. Hogsett, and Thomas Bates, for appellant. Smith, Templeton & Tolbert, for appellee.
The certificate is as follows:
The question upon which the decision of both of those put by the court depends is: Do the facts stated show a breach of the warranty that no gasoline shall be "kept, used, or allowed" on the premises? The fact that the fire was caused by the gasoline, or by the negligence of the insured, if there was such negligence, is not, by the policy, as stated, made a ground for avoiding it; and it is properly conceded by appellee that the permission to use a gasoline stove does not affect the case. The question therefore is, as stated, whether or not the gasoline, in the sense in which those words are used in the contract, was "kept, used, or allowed" on the premises. We find it unnecessary to determine the extent to which appellee is responsible for the acts of his wife to which he did not consent. For the purposes of this case alone, it will be assumed that all that was done is properly chargeable to appellee. That the gasoline was not kept on the premises is clear. Hynds v. Insurance Co., 11 N. Y. 554. That this is substantially true, all of the authorities agree. Mears v. Insurance Co., 92 Pa. 15, 37 Am. Rep. 647; Insurance Co. v. Whiteford, 31 Md. 219, 100 Am. Rep. 45; Insurance Co. v. Simmons, 30 Pa. 299; First Cong. Church of Rockland v. Holyoke Mut. Fire Ins. Co., 158 Mass. 479, 33 N. E....
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