Farmers & Merchants Ins. v. Nixon

Appellant insured a building used as a hotel, the policy running to appellee. The property was destroyed by fire. Suit was brought tó recover the insurance; trial had to a jury; verdict for plaintiff in the sum of $200 and interest; judgment on the verdict. There was no question in regard to the origin of the fire. An open vessel of gasoline for replenishing the fire was brought in by a servant; it took fire and the building was consumed.

The defense was based upon the fact that a gasoline stove was used in the building for cooking ; that by the terms of the policy the use of gasoline was…