Fair Mercantile Co. v. St. Paul Fire & Marine Insurance

This action at law was brought by appellant, as plaintiff, to recover from respondent, as defendant, on a policy of fire insurance, the amount of loss which plaintiff alleged it suffered because of a fire in buildings adjacent to plaintiff’s store from which sparks, flaming bits of roofing paper, soot, grime and dirt entered plaintiff’s premises damaging its stock of merchandise. A trial before the court and a jury resulted in a verdict and judgment in favor of defendant. Plaintiff duly appealed.

Plaintiff’s petition alleged the issuance by defendant of its policy of fire insurance covering a…