Western Woolen Mill Co. v. Northern Assur. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. The woolen mill company sued the assurance company to recover the amount of two policies of insurance issued by the latter to the former on the 6th day of August, 1902, and on May 5, 1903, for the sums of $4,000 and $1,500, respectively. The property insured was wool, and it Was insured against all direct loss or damage by fire.
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In Error to the Circuit Court of the United States for the District of Kansas. The woolen mill company sued the assurance company to recover the amount of two policies of insurance issued by the latter to the former on the 6th day of August, 1902, and on May 5, 1903, for the sums of $4,000 and $1,500, respectively. The property insured was wool, and it Was insured against all direct loss or damage by fire. At the trial the evidence on the part of the woolen mill company established the following, among other, facts: On the 29th day of May, 1903, the woolen mill company owned about 80,000…
1Opinion of the CourtCareand, District Judge
However interesting it might be to follow counsel in their scientific investigations, we think the case may be decided by the application of well-known principles to the facts appearing in the evidence. The policies of insurance were contracts between the parties to this litigation, and must be construed as such. In their interpretation we must give to the words employed therein their ordinary popular signification, unless it appears the parties intended to use them in a different sense. No such intention appears in this case as to the use of the word “fire.” That the wool, submerged *639for the…
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