{ "id": 5031213, "name": "Augusta Miller v. London & Lancashire Fire Insurance Company", "name_abbreviation": "Miller v. London & Lancashire Fire Insurance", "decision_date": "1891-11-02", "docket_number": "", "first_page": "395", "last_page": "397", "citations": [ { "type": "official", "cite": "41 Ill. App. 395" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "11 N. Y. 516", "category": "reporters:state", "reporter": "N.Y.", "case_ids": [ 2014718 ], "opinion_index": 0, "case_paths": [ "/ny/11/0508-01" ] }, { "cite": "17 Mo. 301", "category": "reporters:state", "reporter": "Mo.", "case_ids": [ 8854557 ], "opinion_index": 0, "case_paths": [ "/mo/17/0301-01" ] }, { "cite": "22 Ohio St. 340", "category": "reporters:state", "reporter": "Ohio St.", "case_ids": [ 887135 ], "opinion_index": 0, "case_paths": [ "/ohio-st/22/0340-01" ] }, { "cite": "53 N. Y. 446", "category": "reporters:state", "reporter": "N.Y.", "case_ids": [ 512929 ], "opinion_index": 0, "case_paths": [ "/ny/53/0446-01" ] } ], "analysis": { "cardinality": 287, "char_count": 3917, "ocr_confidence": 0.544, "pagerank": { "raw": 1.7053615052952238e-07, "percentile": 0.701560206791979 }, "sha256": "73208152fb9a87bcd3cba6721eb1c5cd5adc995293f460faaf4608965c903af1", "simhash": "1:a672e921529b154e", "word_count": 702 }, "last_updated": "2023-07-14T16:42:40.256502+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Augusta Miller v. London & Lancashire Fire Insurance Company." ], "opinions": [ { "text": "Waterman, P. J.\nIt is quite manifest that there was no insurance against loss caused directly or indirectly by explosion. What is insisted, is that the explosion having been caused by fire, the destruction of the house by the explosion was a damage by fire; in other words, that .we are to attribute the injury not to the immediate cause, but to the cause of that cause.\nWhile it is true that where no conditions to the contrary are imposed, the insurer is liable for goods stolen during reasonable attempt to remove them from a burning building, or damage by water in a reasonable attempt to extinguish the fire, the rule that to hold the insurer the fire must be the proximate cause of the loss, remains. As was said by Byles, Jr., in Everett v. The London Assurance Co., 19 C. B. & N. S. 126, \u201cIf that was not so, and a ship was in the neighborhood of Vesuvius and was shaken by an explosion, that would be damage by fire; or if a gun was fired off loaded with small shot, among crockery, that would be damage by fire.\u201d Somewhere we must cease in this class of cases to look for the cause of causes, else we may run back\n\u201cTo that primeval fire Which wrapt the earth ere life began.\u201d'\nIn the present case the policy, although against loss by fire, contains a stipulation to the effect that the company will not be liable for loss caused directly or indirectly by explosion. In the face of such condition what difference does it make whether the explosion was caused by fire, steam, gas or concussion ?\nIn Wood on Fire Insurance, Sec. 104, it is declared to be the rule, that \u201cIf the injury is entirely due to concussion, the fact that the concussion was caused by fire does not pjake the fire the proximate cause of the loss; it is but the cause of the cause, the causa remota and not the cause pr\u00f3xima.\u201d\nWith the loss by fire-which occurred after the explosion, we are not concerned; appellee makes no contention as to such loss; for that directly caused by the explosion before there was any fire in the insured premises the insurer, under the conditions of this policy, is not liable. Caballero v. Home Ins. Co., 15 La An. 217; Briggs v. North American Ins. Co., 53 N. Y. 446; U. S. Ins. Co. v. Foot, 22 Ohio St. 340; Insurance Co. v. Tweed, 7 Will. (U. S.) 44; Roe et al. v. Columbus Ins. Co., 17 Mo. 301; Montgomore v. Fireman\u2019s Ins. Co., 16 B. Monroe, 427; Stanley v. Western Ins. Co., L. R. 34, 71; St. John v. American Ins. Co., 11 N. Y. 516.\nThe judgment of the court below is affirmed.\nJudgment affirmed.", "type": "majority", "author": "Waterman, P. J." } ], "attorneys": [ "Messrs. Seth F. Crews and Ernest Dale Given, for appellant.", "Mr. Thomas Bates, for appellee." ], "corrections": "", "head_matter": "Augusta Miller v. London & Lancashire Fire Insurance Company.\nFire Insurance Company\u2014Policy\u2014Conditions\u2014Riot\u2014Explosions.\nWhere, in a given case, property is insured against, fire but not against explosions, recovery may not be had for injury arising from an explosion, although the same was caused by a fire.\n[Opinion filed November 2, 1891.]\nAppeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding.\nAppellant received from appellee a policy of insurance against fire upon a building owned by her in Chicago, which policy contained this provision:\n\u201c This company shall not be liable for loss caused directly or indirectly by riot, * * * or (unless fire ensues, and, in that event for the damage by fire only,) by explosion of any kind.\u201d\nA mill adjacent to appellant\u2019s premises took fire, and shortly after, an explosion in the mill blew apjiellant\u2019s house off its foundations and almost completely ruined it; the wreck took fire from the mill, and the damage done by the fire after the explosion (it is agreed) amounted to $230.\nAppellant having recovered a judgment for this sum has taken this appeal, insisting that she is entitled to receive the amount of damage done to the house by the explosion, as well as that which ensued to the wreck, by fire, after the explosion.\nMessrs. Seth F. Crews and Ernest Dale Given, for appellant.\nMr. Thomas Bates, for appellee." }, "file_name": "0395-01", "first_page_order": 391, "last_page_order": 393 }