National SEC. Fire & Cas. Co. v. James

I respectfully dissent. To say this an extremely difficult and "close" case would be an understatement.

In any event, my view of the evidence in pertinent part reveals the following:

Plaintiff was the only witness in the case. He testified that the house in question had been the home of his grandmother, who moved out of it in October, 1973, about ten months prior to the fire. Electricity and water were cut off at that time. Plaintiff's home was about thirty feet from the insured premises and they were separated by a driveway. The house was used for storage of various items, and all types of…