Cabbell v. Milwaukee Mechanics Insurance

Plaintiff’s suit is on a policy of fire insurance covering his dwelling, in which he seeks to recover the sum of $700 for loss and damage therein alleged to have been caused by fire.

The answer admitted the - execution and delivery of the policy, but denied that plaintiff suffered a loss to said dwelling by fire. Proof of loss was waived. After plaintiff’s evidence was in, defendant demurred but was overruled, and then defendant rested, offering no evidence.

The jury returned a verdict in plaintiff’s favor for $600. Defendant appealed.

The policy agreed to indemnify plaintiff against loss or…