McGraw v. Home Insurance

*483The opinion, of the court was delivered by

Mason, J.:

M. T. McGraw recovered upon a fire insurance policy on account of the injury done to a steam boiler by the application of fire which was excessive in view of an insufficient supply of water. The defendant appeals, maintaining that under the pleadings and evidence it appeared that the fire which caused the loss was not of a kind insured against, being of a “friendly” and not of a “hostile” character, as these terms are used in that connection.

The boiler was a part of the equipment of a laundry, the fuel used being gas. The petition alleged…