Schaffer v. Hampton Farmers Mutual Fire Insurance

Plaintiff appealed from an order denying his alternative motion for judgment non obstante or a neiv trial.

The action is to recover upon a fire insurance policy containing a clause:

“If the risk be increased * * * by any means ivhatever within the control of the assured, * * * the policy shall be void.”

Plaintiff owns a farm near Hampton on which he formerly lived. In 1925 he left the farm and moved to St. Paul, some 33 miles away, and it has since been occupied by the Weiler family as tenants. There Avere tAvo barns on the farm. On December 17, 1928, these barns and a silo were destroyed by…