St. Paul Fire and Marine Insurance Co. v. Smith

MERRILL, Justice.

This was an action on an insurance policy by J. H. Smith, doing business as Smith Lumber Company, for damages for the destruction of his truck. The jury returned a verdict for the plaintiff in the amount of $11,600 and judgment was rendered accord ingly. From that judgment and a denial of its motion for a new trial, the defendant has perfected the instant appeal.

The facts, which are undisputed, are as follows: The motor vehicle allegedly covered by the policy of insurance was a truck and an attached concrete truck mixer owned by the plaintiff. On September 6, 1961, an…