Murr v. Western Assurance Co.

McLennan, J. (dissenting):

I cannot concur in the conclusions reached by a majority of the court in this case. The defendant insured the plaintiff’s canal boat George Murr against loss or damage. The policy, among - othei- ” things, provides :

“ In case of loss or misfortune * * * two competent surveyors shall be appointed, one chosen by the insurers and one by the insured or their agents (and in case of disagreement between them they shall appoint an umpire), whose duty it shall be to make specifications in writing under oath, clearly stating both the amount of' work and the manner in which it…