Trojan Mining Co. v. Firemen's Insurance Co. of Baltimore

The Court.

Action on a fire insurance policy. The policy contained the following clause: —

“It is agreed and understood that during such times as the above works are idle a watchman shall be employed by the assured, to be in and upon the premises day and night.”

The allegation in the complaint on that subject is as follows : “That at the time of such fire, and for some time prior thereto, *28the ‘works of said corporation, so assured, as aforesaid, were idle, but during all said time a watchman was employed by plaintiff in and upon the premises day and .night, and said watchman was upop said…