James G. Gullett and Ben Taylor v. St. Paul Fire and Marine Insurance Company

KILEY, Circuit Judge.

This is a diversity suit to recover for damage to plaintiffs’ building insured against loss by defendant insurance company. Judgment for $15,000 was entered on the jury’s verdict 2 and defendant has appealed. We affirm.

Plaintiffs’ brick veneer and concrete building in Elizabethtown, Hardin County, Illinois, was occupied by a United States Post Office. About three feet slightly “up” from the north side of the building and running parallel to it was an eighty-two year old retaining wall made of “large rocks or boulders.” It was approximately seventy-eight feet long, two and…