Wisconsin Reports (Volume 30) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873. Excerpt: ... the court charged the jury " that there was no satisfactory evidence in the case, that any such arrangement had been made," and that "under the law no liability existed on the part of the company to pay " defendant's board bill. Held, that this was equivalent to taking the question of fact from the jury. Eunkini v. Milwaukee & St. Paul Railway Co., 559 2. There being evidence from which the jury might have found the fact differently, the judgment for the plaintiff must be reversed, Ibid. INSURANCE AGAINST FIRE. 1. A policy of insurance against flre, upon a steamboat, provides that "if gunpowder, camphene, spirit-gas, naptha, benzine or benzole, chemical, crude or refined coal or earth oils, ore kept or used on the premises without written consent," the policy shall be void. In an action on the policy it appears that kerosene oil was used to light the cabin and saloon of the boat after such policy was issued. Held, that this will not prevent a recovery. Morse el al. -. Buffalo Fire and Marine Ins. Co., 534 2. Applying the maxim " noseitur a soeiis," and other rules of construc tion, the provision above recited is held to refer to " crude or refined coal or earth oils," similar to the coal or earth oils and other substances specifically named, in respect to their dangerous and inflammable character. Ibid. 3. The fact that neither the plaintiff's agent nor the defendant understood the words recited as forbidding the use of kerosene for purposes of illumination, is of some weight in determining the meaning of such words, if otherwise doubtful. Ibid. 4. When the application for a policy of insurance against fire is filled out by tJie insurance company's agent, and contains erroneous statements (in this case relating to the title to the land on which the p...