Missouri Appeal Reports Volume 33

Missouri Appeal Reports Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...this opinion, we must conclude that the instructions given state the issues raised by the pleadings and evidence, and the applicatory law, fairly and fully to the jury. Instruction number three was properly refused. It was not for the jury but for the court to construe the policy and all of its terms. There is nothing ambiguous inthe word "explosion," nor was any evidence given by plaintiff to extend, or by the defendant to contract, the meaning of the term. WVebster defines it as a "sudden bursting with noise," and all the witnesses who testified assumed that it meant a rending force caused by the instantaneous and violent expansion of the mixture of gas and atmospheric air. The testimony of Prof. Potter is not to the contrary as assumed by plaintilf's counsel. All that that witness states, in substance, on that subject is, that if there was_ a mere deflagration of the gas it was not an explosion. None of the witnesses maintain that these two are not essentially different. The cases cited by the learned counsel for plaintiff, that it is the duty of the court to instruct on every phase of the issues if so requested to do, are wholly inapplicable here. Instruction number six tells the jury that the gasholder mentioned in the petition was not a building within the terms of the policy, and instruction 6a leaves it to the jury to determine upon the facts shown whether it was a building or not. The second instruction was offered by the plaintiff after the first was refused. Both these instructions seem to have been offered in view of the clause of the policy, that if a building should fall except as a result of a fire, all insurance on the same by the company should immediately cease and determine. VOL....
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Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236879236
  • 9781236879233