Durham Pepsi-Cola Bottling Co. v. Maryland Casualty Co.

Under the exceptions noted, the defendant arrays the following objections to the trial:

First, that the defendant’s contract of insurance does not cover the kind and character of loss shown by plaintiff, since the evidence shows a burglarious entry and abstraction from the safe while employees were not on duty; second, that there is a complete failure of proof since no evidence has been directed to any particular employee covered by the policy; and not necessarily to any employee at all; and third, that the trial judge failed to give defendant’s special instruction relating to…