Westchester Fire Ins. v. John Conlon Coal Co.

BUFFINGTON, Circuit Judge.

In the court below, to which the record was removed from a state court, the plaintiff company, the insured, recovered a verdict against the insurer for loss of its coal breaker, destroyed by fire. On entry of judgment, the insurance company appealed. The opinion of the trial judge refusing a new trial is illuminating and helpful to this court on this review.

Without reciting all the details, we note the policy was upon a coal breaker which was totally destroyed. The breaker had stood idle for several months and it is contended the policy was voided by this fact and…