Alston v. Northwestern Live Stock Insurance

The opinion of the court was delivered by

Mahan, P. J. :

The plaintiff sued the defendant upon a policy of insurance issued by the defendant upon a horse, by which the plaintiff was insured against damage by reason of the death of or accident *180to the horse. The fourth clause of the policy is as follows :

‘‘ That the said insured has agreed and is required to use all due diligence, precaution and care in the use and for the safety, health and preservation of said live stock, and in case of sickness or accident agrees to promptly summon to his aid the best veterinary surgeon to be had in the…