Red 73 Creamery, Inc. v. Lumbermen's Mutual Casualty Co.

This case comes to us on appeal from the Wayne Superior Court. The issues were formed by the appellant’s fifth amended complaint and the appellee’s answer in four paragraphs. The case was tried before the court without a jury and a negative judgment was rendered.

There were four principle issues presented by the pleadings which were substantially as follows:

“1. The amount of the appellant’s loss or damage;

2. Whether or not the loss or damage ivas ‘accidental’ or the result of ‘accident,’ within the meaning of the comprehensive loss provisions of the policy;

3. Whether or not the damaged milk…