Gunther v. Liverpool & London & Globe Insurance

Citations

• 134 U.S. 110
• 10 S. Ct. 448
• 33 L. Ed. 857
• 1890 U.S. LEXIS 1952

Syllabus

<p>A policy of insurance on a building and its contents against fire, containing a printed condition by which “ kerosene or earbon oils of any description are not to be stored, used, kept or allowed on the above premises, tempprarily or-permanently, for sale or otherwise, unless with written permission endorsed on this policy, excepting the use of -refined coal, kerosene, or • other carbon oil for lights, if the same is drawn and the lamps filled by daylight; otherwise this policy shall be null and void; ” is avoided if . kerosene or other carbon oil is drawn upon .the premises near a lighted lamp by any person, .acting by direction or under authority of the' : assured’s' lessee; although .there was attached to the policy at the time of its issue a printed slip, signed by the- insurer, “ privileged to use kerpsene- oil-for lights, lamps to be filled and trimmed by daylight only; ” and although -the insurer has since written in the margin of the policy, “privileged -to keep not exceeding five barrels of oil on said premises.”</p> <p>Liverpool and London Insurance 6.0. v. Gunther, 116 U. S. 113, affirmed.</p> <p>When there is no evidence-to warrant a verdict for the plaintiff, so that if such a verdict were returned it would be the duty.of the court to set' it' ' aside, a verdict may be directed for the defendant. ■</p>