Larson v. Fireman's Fund Insurance Company

In this action plaintiff seeks to recover the value of 2066 turkeys under an insurance policy on the theory their death by suffocation was caused through malicious mischief as a result of an unidentified airplane flying over the turkeys at 150 to 200 feet. At the close of the evidence the trial court directed a verdict for defendant on a finding the evidence was insufficient to raise a jury question on malicious mischief and proximate cause. Plaintiff has appealed from judgment on the verdict. We hold the evidence regarding malicious mischief is insufficient.

Plaintiff assigns two errors. He…