Continental Insurance v. Pruitt

Citations

• 65 Tex. 125
• 1885 Tex. LEXIS 324

Syllabus

<p>1. Evidence—Copy.—See statement of case for proof held sufficient, to show that an original instrument could not be produced, and to allow the introduction of a copy in evidence.</p> <p>2. Insurance—Schedule.—In suing an insurance company for loss by fire, when it is necessary to prove that proof of loss was made, an exhibit of the papers by which this proof was made would, with the other necessary proof, be all sufficient, whether such papers contained the original schedule made out, or a copy of it.</p> <p>3. Evidence.—When it was admissible for a witness to state her surroundings, what she saw, and the impressions thereby made upon her mind, at a particular time, if she at the time gave utterance to those impressions, it was proper to allow her to state what those utterances were.</p> <p>4. Same.—In a suit against a fire insurance company, where it was admissible to show the condition of the burning house at any given time, a witness might fix the time by any incident, as by the time he escaped from the ruins ; and he might state, that when he escaped, the fire had so far advanced as to render it impossible to rescue other parties, the positions they occupied in the building being otherwise shown.</p> <p>6. Res Gestae—Same.—It was inadmissible to prove declarations of a deceased person made, sometime prior to the burning, as to the condition of the building.</p> <p>6. Same—Experts.—An experienced contractor and builder, acquainted with the construction and materials of the house, might give his opinion, as an expert, as to whether or not the walls were sufficient to sustain the building.</p> <p>7. Insurance—Storage.—An insurance of a hotel and its furniture, etc., did not cover “goods held on storage.” Held, that furniture, etc., stored in the hotel, to be used or consumed in the business of the hotel, was not within the meaning of the exemption. (May on Ins., sec. 242.)</p> <p>8. Charge—Evidence.—A charge must be considered as a whole, and repetition is not g