Blue Ridge Textile Co. v. Travelers Indemnity Co.

Barthold, P. J.,

This ease is before the court en banc upon defendant’s motion for judgment n. o. v. after a jury verdict for plaintiff in the sum of $15,953.63.

Plaintiff instituted an action in assumpsit against defendant to recover damages for the loss of a cargo of textile fabrics insured with defendant company. The loss occurred in New York City on February 23, 1960, when two armed robbers stole insured’s tractor-trailer containing the cargo.

The policy insured plaintiff “against loss or damage directly caused by . . . (h) theft of entire shipping package from the vehicles described,…