Hutchinson Gas Co. v. Phoenix Indemnity Co.

Loring, Justice.

This case was a proceeding under the declaratory judgments act. It comes here upon an appeal from a judgment for the plaintiff entered pursuant to a motion for judgment upon the pleadings.

The principal question involved is the proper construction of a public liability policy issued by the indemnity company to the gas company for a premium of $162.70. The suits for Avhich the gas company seeks to establish coverage arose out of the deaths of four men and injury to another, Avhich occurred near Big Falls in this state in a brooder house Avhich these men had installed upon a…