Fiorito v. California Insurance Co.

Rogosheske, Justice.

This is an action to recover for damages to a gas-fired furnace under a fire insurance policy issued by the defendant to plaintiffs.

At the close of plaintiffs’ testimony the municipal court of St. Paul directed a verdict for defendant. Plaintiffs’ motion for a new trial was denied, and they appeal.

The single issue presented is whether the evidence, viewed most favorably to plaintiffs, required the trial court to hold that the fire involved was “friendly” as a matter of law or whether it might have been found by the jury to be “hostile.”

The testimony, so viewed, could…