Johnston v. Phelps County Farmers Mutual Insurance

Oldham, C.

This is an action on a policy of insurance against fire issued by the Phelps County Farmers Mutual Insurance Company, on the property of plaintiff on December 31, 1892. The cause comes here a third time for review by this court. The first opinion was rendered on November 20, 1901, by Pound, C., and is reported in 63 Neb. 21. *51All the issues arising on the pleadings and the evidence adduced at the first trial of the cause in the district court are carefully reviewed in this opinion, and, because the district court at the first hearing had directed a verdict for defendant insurance…