Garten v. General Accident, Fire & Life Assurance Corp.

Davis, J.:

Between the hours of one and two A. M. on February 1, 1921, burglars entered the store of the plaintiff at the comer of Elmwood avenue and Utica street in the city of Buffalo. The plaintiff there conducted the business of ladies’ tailor and furrier. He had in stock at the time a considerable number of furs.

Entrance was gained by breaking the glass door of the store. They also broke a glass show case. A policeman 300 feet away heard the crash and ran toward the store. He saw a man coming out through the broken door with his arms full of furs. He shot him with his revolver and the man…