Bernhardt v. Boeuf & Berger Mutual Insurance Co.

ANDERSON, Judge.

This is an action on a policy of insurance issued by the defendant to plaintiff wherein defendant insured a building then being built by plaintiff against “all direct loss and damage by fir.e, hail, lightning, explosion, riot attending strike, civil commotion, aircraft, vehicles, smoke.” The evidence shows that the building in question was damaged when a bulldozer being used in connection with the construction ran into said building. There was a verdict and judgment for plaintiff in the sum of $5,000. From this judgment, defendant has appealed.

On this appeal it is contended…