Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1886-01-12
Cyclone Insurance.
tPeck's SUM-

ouhsl
There is case coming up in the
courts before long that will attract
widespread attention. The lorna
does and cyclones of the past few
years. were the means of establishing
tornado insurance companies, and
thousands of farmers and others all
over the West have their barns, grain
and stock insured against wind. The
polices are made to read that the in
surance companies are liable for
damages to anything insured, by the
action of wind in any form. There
have been few cyclones since the in
surance companies were formed, and
they have coined money. But new
danger has arisen. A farmer in
Wisconsin, who had his stock, grain,
etc, insured in a cyclone company,
recently lost valuable horse from
collie, and he applied to the company
for check for the price of the horse.
The agent of the company laughed at
the farmer, and told him the compa-
NY wouldn't pay any such claim, that
all they insured property against was
the action Of the elements, such as
violent wind. The farmer said that
the horse died from the action of the
elements, violent wind, in its most
violent form, and that he would hire
lawyer and sue the company if the
price of the horse was not forthcOm-
ing. The agent laid the matter be-
fore the president of the company,
who turned pale, and called coun-
Gil of the board of directors, and laid
the case before them. The directors
were divided OH the subject of pay
ing the loss, some being in favor of
paying at once, and briblng the far
mer not to say anything about it,
but others kicked. They said it would
be establishing precedent that would
ruin the company, that every farmer
who lost horse would claim that
the horse died from cyclone on the
stomach, and that there wouldn't be
money enough coming in for renewal
of policies TO make first payment.
The policies are all made out for
long term, and all the horses and cat
tie owned by farmers in the West
would die before the policies run out,
and the collie would ruin them. The
president said he felt that the farmer
had the company where the hair was
short, but he did not believe he would
follow the case through all the courts
and they could beat him in the end
by making 1t too expensive, aud he
advocated the idea of letting the man
sue the company. He said rich in
surance company could hire detect
ives and veterinary surgeons to make
a case against the farmer. They could
prove that the horse died of some
thing besides collie, and if that failed,
with good cyclone lawyer, one of
the windy orators, they could con-
vince any judge that collie in horse
did not come under the head of cy-
clone insurance. One Of the directors
said that might be all right in theory
but how were they going to get
around a jury. He said any jury
that could be empaneled in the coun-
try would be more than half farmers,
and all the cyclone lawyers in chris
tendon couldn't prevent them from
bringing in verdict for the farmer,
Almost any farmer has lost horse
with colic,at some time, and he knows
that the horse had wind on his
stomach, aud "wind" and "cyclone'
mean the same thing. Besides, he
said that half the judges depend upon
farmers for their election, and they
would be slow to antagonize the great
farming interest by deciding that a
horse that died of collie did not come
under the head of a cyclone loss. He
was in favor Of paying the money.
The president said he had thought of
all that. He had not much confidence
in juries and country judges, and ex-
pected to be beaten in the lower courts
but when he came to the Supreme
court he knew where he was. He felt
that the Supreme bench was occupied
by men who could rise above case
of horse collie, and that there would
be no shenanegan there. The Su-
preme court would reverse any deci-
sion against the company. The kick
ing director said he didn't know
about that. The supreme court was
composed of human beings, and they
were Just as liable to think collie was
species of cyclone as anybody. He
knew several members of the supreme
court, and knew, of his own knowl-
edge, that some of them had had col.
ic themselves, and no man who had
ever had collie could be convinced that
collie was not a species of cyclone
And, anyway, all the supreme court
could do was to reserve the decision
and send the case back to the lower
court for new trial, and each tria
would be the same, with the SAME
verdict. They could keep the case
going back and forth between the low
er courts and the supreme court for &
series of years, but cyclone lawyers
come high, and it would cost more
than all the horses in Wisconsin were
worth to pay lawyers. Statistics
showed that only one horse in TWEEN
ty died Of collie, anyway, and he be-
lieved the best way was to settle
The president. said it was not thu
amount of money claimed by the
policy holder that he thought OF, but
the principle Of the thing, and the
precedent that would be established
= by paying for horse that died o.
collie, as cyclone risk. He said the
company would be the laughing
stock of the world. The attorney o.
= the company was called in, and thu
case was laid before him. He sale
on the face of it the farmer seemed
to have a clear case, but he couldn't
give an opinion until he had consult.
ed certain authorities, and he sent Q
: boy to his library after Every Mar
his own Horse Doctor" and "Tht
| Signal Service Reports on Trade
Winds" The board of directors de-
cided to adjourn until the attorney
had consulted the authorities, SC
nothing will be done except to bury
the horse, until the returns are
in all. The Sun looks upon this as 6
test case, and will keep watch of it
Our sympathies are with the farmer
however. 1t is no fun to lose horse
that way, when you have an acct
dent policy that seems to cover the
case