52 Pa. 456 | Pa. | 1866
The opinion of the court was delivered, June 20th 1866, by
The several assignments of error present but a single question. It is, Whether the Court of Common Pleas was justified in instructing the jury, as a conclusion of law, that the policy No. 87,775 did not cover the plaintiff’s goods in the house in which they were burnt ? The policy itself contains no description of the furniture or groceries insured, but it refers to the application for a description. That fixes the subject of insurance as “ a stock of household and kitchen furniture, owned by Daniel Beatty (the plaintiff), and contained in frame building, owned by said applicant, and occupied as a boarding-house and grocery * * * said buildings, main building 70 X 24 feet, kitchen 15 X 22,
Judgment reversed, and a venire de novo awarded.