Shillings v. Michigan Millers Mutual Insurance Co.

McKAY, Justice.

Appellants brought suit against appellee on an insurance policy for damage to a caterpillar tractor as a result of a tree accidently falling thereon. Trial was had before the court upon an agreed statement of facts, and the court rendered a take nothing judgment against appellants, from which they appeal.

The caterpillar tractor was used for clearing land and building stock ponds. In using the equipment in cutting large trees the operator causes the cutting blade of the tractor to be driven into one side of the tree at approximately one-half of the diameter thereof, then backs…