Scientific American Supplement, No. 288, July 9, 1881 by Various
page 22 of 160 (13%)
page 22 of 160 (13%)
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it implies _combustion_ as associated with destruction, yet somewhat
distinct from the abstract idea of the resolution of any form of matter into its elementary constituents. The term, however, as yet takes in the idea of combustion as a decomposition in but a very limited degree, and it may be said to be wavering at the line between expansion and dissociation. Strictly, in insurance, fire and explosion are different phenomena. A policy insuring against fire-loss does not insure against loss by explosion. It thereby enforces a distinction which exists, or did exist, in the popular mind; and fire, in an insurance sense, as distinct from explosion, was accurately defined by Justice McIlvaine, of the Supreme Court of Ohio (1872), in the case of the Union Insurance Company vs. Forte, i.e., an explosion was a remote cause of loss and not the proximate cause, when the _fire_ was a burning of a gas jet which did not destroy, though the explosion caused by the burning gas-jet did destroy. Earlier than this decision, however (in 1852), Justice Cushing, of the Supreme Court of Massachusetts, in Scripture _vs_. Lowell Mutual Fire Insurance Company, somewhat anticipated later definition, and pronounced for the liability of the underwriter where all damage by the explosion involves the ignition and burning of the agent of explosion. That is, for example, the insurer is liable for damage caused by an explosion from gunpowder, but not for an explosion from steam. The Massachusetts Judge did not conceive any distinction as to fire-loss between the instantaneous burning of a barrel of gunpowder and the slower burning of a barrel of sulphur, and insurance fire-loss is not to be interpreted legally by thermo-dynamics nor thermo chemistry. While the legal principles are as yet unsettled, the tenor of current decisions may be summed up as follows: If explosion cause fire, and fire cause loss, it is a loss by fire as _proximate_ cause; and if fire cause |
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