Brown v. Firemen's Insurance

Mokning, District Judge.

Action by Le Roy Brown, in the district court for Antelope county, against the Firemen’s Insurance Company of Newark, New Jersey, to recover on a fire insurance policy issued to the’ plaintiff by said defendant' on an automobile, which was destroyed by fire during the life of said policy. By stipulation of the parties the cause was tried to the court without a jury. There was a judgment for plaintiff, and defendant appealed.

While plaintiff was driving the insured car on a country road, near Deloit, at about 9 or 10 o’clock at night, it was stalled in the mud and broke…