Lincoln County Mut. Fire Ins. Co. v. Smith

McDONALD, Chief Justice.

On May 17, 1949, certain low-lying areas in the City of Fort Worth were inundated by flood waters. Appellee owned and resided in a small house in the flooded area. ’There was in force at the time a policy of fire insurance issued by appellant insuring the house to the extent of $1,000 and the household goods to the extent of $500. .Shortly after six o’clock on that morning, after appellee and his family had fled to higher ground to escape the flood waters, several persons who were standing on the levee nearby saw appellee’s house afire. They observed the house burning…