Commercial Union Fire Ins. Co. Of New York v. Bank of Georgia

HOLMES, Circuit Judge.

The appellee instituted this action against the appellant to recover property damages on a policy of insurance against an explosion. The complaint alleged in substance that a fire hydrant of the City of Atlanta, located on the sidewalk in front of the bank’s premises, exploded; and that, as a direct result of said explosion, water rushed from said hydrant and flooded the basement floor of the bank with mud and water, damaging plaintiff’s property. The appellant averred, first, that there was no explosion; second, that the proximate cause of the loss was mud and water;…