Glens Falls Insurance Company v. Elliott

Opinion of the Court by

Commissioner Hobson

Affirming.

W. K. Elliott, etc., a partnership, owned and operated a sawmill and lumber yard in Pike county under the name of the Bent Branch Lumber Company. They took out policies of insurance on the lumber. The lumber burned, and they brought these actions against the insurance companies on the policies. The companies defended the actions on the ground that it was a condition of the insurance that a continuous clear space of not less than 100 feet or 200 feet should at all times be maintained between the lumber and the mill. On the trial, it appeared…