United States Supreme Court Cases & Opinions

U.S. Supreme Court

Insurance Company v. Express Company, 95 U.S. 227 (1877)

Insurance Company v. Express Company

95 U.S. 227

Syllabus

A policy, issued to an express company, insuring goods and merchandise in its care for transportation while on board cars or other conveyances, contained the following provision:

"It is a further condition of this insurance, that no loss is to be paid in case of collision except fire ensue, and then only for the loss and damage by fire. And that no loss is to be paid arising from petroleum or other explosive oils."

Certain goods in the possession of the company, and in the course of transportation by it were in an express freight car, forming part of a railway train, which collided with another train composed mainly of oil cars loaded with petroleum. Immediately upon the collision, the petroleum burst into flames, which enveloped and destroyed the freight car and the goods. Held that the loss thereby sustained by the express company was not covered by the policy.

The facts are stated in the opinion of the Court.