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· 10/1/1888

Farmers Mut. Insurance v. New Holland Turnpike Co.

Citations

  • 122 Pa. 37
  • 15 A. 563
  • 1888 Pa. LEXIS 590

Syllabus

<p>1. The liability upon a policy insuring a turnpike company against loss of a bridge by fire, is to be measured by the pecuniary value of the injury to the bridge, not by the loss of tolls suffered before the bridge was rebuilt.</p> <p>2. A turnpike company has no insurable interest in a public county bridge, on the line of its road but free to all travel, even though the company directly contributed to the cost of the erection and maintenance of the bridge.</p> <p>3. Especially should there be no recovery upon a policy insuring a turnpike company against the loss of such bridge, when the bridge was afterwards re-erected wholly at the expense of the county.</p> <p>4. In such an action, there is no such identity of interest between the turnpike company and the county as will entitle the county to intervene pro interesse suo as a party plaintiff.</p>

Judges: Clark, Gbeen, Gordon, Green, Paxson, Sterrett, Trunkey, Williams

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