Kudella v. Newark Insurance

In May of 1953, plaintiffs started building a house in the city of Kenosha. By August 3d of that year the walls were up and the roof was practically finished; window frames were in and it was ready for construction of the brick veneer. The house had a cement-block foundation which had been completed about two months before August 4th and all the basement walls had been backfilled to the level of the surrounding area.

Stephen Kudella testified that he visited the building on the afternoon of August 3d and found no damage. That night, he testified, “there was plenty of howling of wind. As far as…