Sherman v. Travelers Indemnity Company

In this suit on a windstorm clause in an insurance policy, the question involved is whether there is sufficient circumstantial evidence on liability and damages for submission to a jury. The District Court determined that the evidence was insufficient for submission and directed a verdict for the defendant. On appeal, we affirm the judgment of the District Court.

To recover, an insured must show that the windstorm was a wind of unusual violence or tumultuous force. Hoagland & Co. v. Insurance Co. of North America, 131 Neb. 105, 267 N. W. 239. A portion of the east wall of the insureds’…