Warmcastle v. Scottish Union & National Insurance

Supreme Court of Pennsylvania
Warmcastle v. Scottish Union & National Insurance, 210 Pa. 362 (Pa. 1904)
59 A. 1105; 1904 Pa. LEXIS 896
Brown, Dean, Fell, Mestrezat, Mitchell, Potter, Thompson

Warmcastle v. Scottish Union & National Insurance

Opinion of the Court

Per Curiam,

When this case was here before, 201 Pa. 302, it was held that a direct loss for damages from lightning was within the policy but loss from windstorm was not, and therefore it was incumbent on the plaintiff to distinguish between the two kinds of damage however difficult that might be. The only question now before us is whether the jury had sufficient evidence to enable them to make the distinction. We are of opinion that they had. At least one witness testified that the flash of light*363ning and the fall of the side wall were simultaneous and another testified to the same thing as to the roof with the further fact that the materials fell outwards towards the wind. It was a fair inference that the damage came directly from the lightning and only a jury could draw it.

Judgment affirmed.

Reference

Full Case Name
Warmcastle v. Scottish Union & National Insurance Company
Cited By
6 cases
Status
Published
Syllabus
Insurance—Lightning—Windstorm—Evidence. In an action on a policy of insurance against a direct loss from lightning, but not from a windstorm, the case is for the jury where one witness testifies that a flash of lightning and the fall of a side wall of the building insured were simultaneous, and another testifies to the same thing as to the roof with the further fact that the material fell outward toward the wind.