Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1908-06-13
TIL E INSURANCE
MUST BE PAID
Judge ]. F. Gordon Decides
Against Insurance COmpa-
MES af Princeton.
ABOUT $4,000 INVOLVED
In Case Growing Out of Night
Rider Raid Made on No
vember 80, 1906.


was yesterday concluded before
Judge Gordon, of the circuit court,
the trial of the number of suits
against the fire insurance companies.
1t will be recalled that on the night
Of Nov. 80, 1906, company of from
onel hundred to two hundred masked
men rode into Princeton, and taking
possession of police headquarters,
telephone and telegraph offices, set
fire to and destroyed several tobacco
factories and their contents and also
several private residences and other
property.
The suits in question were brought
by the Imperial Tobacco Company of
Kentucky upon policies insuring the
owners of the property against loss
by fire. The policies contained
provision that This company shall
not be liable for loss caused by in
vasion, insurrection, riot, civil war,
commotiOn or military usurped pow
err" And the insurance companies
relied upon that provision as protec-
ting them from liability. The con-
tention of the plaintiff was then that
the Princeton affair was not such q
riot as was contemplated by the par
ties in entering into the contract Of
INSURANCE.
The court sustained the contention
of the Imperial Tobacco Company
and held the insurance companies
liable on the policies, and judgments
were rendered for the amounts
claimed.
These cases came up for argument
last March before Judge Gordon, at
which time the judge sustained the
demurrer of the Imperial Tobacco
Company to the answers of the in
surance companies and the compa-
MES avoided judgment at that time
by filing an amendment answer in
which they charged that the prop
erty was not destroyed by fire, as al
legged by the plaintiff, but was de-
stroyed by dynamite and as this
raised a question of fact to be proven
by evidence, the case was set down
for trial on June 9Th. When they
were called yesterday, the insurance
companies, realizing their inability
to prove the statements of their
amended answer, withdrew that
amendment, and after re-argument
of the original demurrer of the In
perial Tobacco Company to the in
surance companies answers, the
court reafirmed his judgment OF
last March, and this left the defend
ants without an answer. Judgments
were rendered by the court in favor
of the Imperial Tobacco Company,
and the insurance companies must
now pay the amounts sued for, ap-
proximating $4,000 or $4,000.
The insurance companies were
represented by Messrs. Shields &
Flexner, of Louisville, and the I'm
perial Tobacco Company by Yeamar
& Yeaman, of Henderson.
AS there have been other losses in
Kentucky, which like those involved
in the suits just tried, grew out Of
the night rider troubles, these cases
have attracted special attention and
are a precedent for other suits
Quite number of lawyers through
out the state having similar cases
against insurance companies, have
attended these arguments.
Quite an effort seems to have been
made to create the impression that
should the insurance companies be
held liable all insurance on tobacco
would be withdrawn from the state,
but Judge Gordon seems not to have
been frightened or taken in" by it
and indeed, the insurance companie;
are not at all likely to surrender SC
profitable a part of their business.