Dunn v. Springfield Fire & Marine Ins.
Citations
- 109 La. 520
- 33 So. 585
- 1902 La. LEXIS 156
Syllabus
<p>INSURANCE — APPRAISEMENT — APPEAL, — REVIEW — PREPONDERANCE OF EVIDENCE.</p> <p>1. Where a policy of insurance calls for appraisement, whereby the loss sustained may be easily ascertained while yet recent, and the insurer declines to submit thereto, it is hardlyJn a position to complain of the doubt and uncertainty which subsequently arise, and to which it contributed by the refusal of appraisement.</p> <p>2. The decision of the judge of the first instance, who saw and heard the witnesses, always of great advantage, and particularly so where conflict of testimony exists, is generally allowed to prevail upon questions of fact, unless manifestly erroneous.</p> <p>3. Where plaintiffs have substantially met the burden of proof, which was upon them to show the loss sustained, making their case fairly certain, they are not to be defeated simply because there remains room for doubt, even reasonable doubt. A preponderance of evidence determines issues of fact in civil causes.</p> <p>(Syllabus by the Court.)</p>
Judges: Blanchard
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6 cases in this archive cite this case.
- Weiner v. Aetna InsuranceNebraska Supreme Court· 1934-07-13· cited 11×
- Catalanotto v. Minneapolis Fire & Marine InsuranceLouisiana Court of Appeal· 1931-01-05· cited 9×
- Gouner v. BrosnanSupreme Court of Louisiana· 1923-12-03· cited 5×
- Holmes Co. v. HillerLouisiana Court of Appeal· 1928-02-27· cited 5×
- Wright v. PettyLouisiana Court of Appeal· 1927-10-03· cited 2×
- La. Building & Contracting Co. v. BeninatiLouisiana Court of Appeal· 1920-11-22
Cites
9 cases in this archive are cited by this case.
- Newman v. BaerSupreme Court of Louisiana· 1897-12-18· cited 10×
- Lewis Baillie & Co. v. Western Assurance Co.Supreme Court of Louisiana· 1897-02-01· cited 9×
- Wightman v. Western Marine & Fire InsuranceSupreme Court of Louisiana· 1844-07-15· cited 7×
- Erman v. Sun Mutual InsuranceSupreme Court of Louisiana· 1883-11-15· cited 5×
- Marchesseau v. Merchants Insurance Co. of New OrleansSupreme Court of Louisiana· 1842-03-15· cited 4×
- Bagnetto v. BagnettoSupreme Court of Louisiana· 1899-05-15· cited 3×
- M. F. Dunn & Bro. v. Springfield Fire & Marine InsuranceSupreme Court of Louisiana· 1900-11-15· cited 2×
- Angamar v. New Orleans InsuranceSupreme Court of Louisiana· 1855-03-15· cited 1×
- Giesecke v. Finlay & BrunswigSupreme Court of Louisiana· 1893-03-15· cited 1×
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