Crew Levick Co. v. British & Foreign Marine Ins. Co.

DALLAS, Circuit Judge.

The plaintiff’s rule for judgment for want of a sufficient affidavit of defense was discharged for reasons set forth in an opinion of this court, which is reported in (C. C.) 77 Fed. 858. At the present term, the case having come on for trial, a verdict for the plaintiffs was directed, subject to certain points, which, being then^ presented on behalf of the defendant, were reserved by the court as follows:

“(1) Under the evidence in this case, the oil which was destroyed by fire, and for which the plaintiff claims to recover, was not ‘in transit’ and therefore was not…