Legal Opinion
Liverpool & London & Globe Ins. v. Tillamook Lumbering Co.
Court of Appeals for the Ninth Circuit
Decided May 2, 1910No. 1,806Published
In Error to the Circuit Court of the United States for the District of Oregon. Action by the Tillamook Dumbering Company and another against the Liverpool & London & Globe Insurance Company. Judgment for plaintiffs (175 Fed. 508), and defendant brings error.
1Opinion of the Court
ROSS, Circuit Judge.
The policy of fire insurance upon which the present action was brought was issued April 17, 1907. The case was submitted to the trial court upon an agreed statement of facts, from which it appears, among other things, that the policy contained this clause:
“Watchman’s Clause.
“It is warranted by the assured that at all times when the property herein described shall be idle or inoperative, a constant day and night watchman shall be kept on duty; and provided that if such property be idle or shut down for more than thirty days at any one time, notice must he given this company…
2Cases cited8 opinions
- MacKintosh v. Agricultural Fire Ins. Co.California Supreme Court · 1907
- Brehm Lumber Co. v. Svea Insurance Co.Washington Supreme Court · 1905
- City Planing & Shingle Mill Co. v. Merchants', Manufacturers' & Citizens' Mutual Fire InsuranceMichigan Supreme Court · 1888
- Rosencrans v. North American InsuranceMissouri Court of Appeals · 1896
- Sletten v. MadisonWisconsin Supreme Court · 1904
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