Progress Laundry & Cleaning Co. v. Reciprocal Exchange

BOND, Justice.

Appellant instituted this suit for damages by fire to a cylindrical 'return tubular boiler, located in its laundry in the city of Dallas. Appellees are the insurance carrier. There is no controversy about the policy of insurance being issued, or that appellant suffered damages, the sole contention being that the fire which caused the damage is what is known in the law books as a “friendly fire.”

At the conclusion of the testimony, the trial being before a jury, the court peremptorily instructed a verdict for the insurance carriers; accordingly, entered judgment against appellant.

I…