Page:Federal Reporter, 1st Series, Volume 2.djvu/443

 436 FEDERAL REPORTER. �manner of its occupation ; that the plaintiff, with his wife and sons, were at the hôtel in the summer, managing the hôtel, and had in their family a large number of employes and servants ; that part of the family ate at the Oceanic, and part at the Atlantic, a house used as a part of the hôtel arrange- ment ; that the plaintiff, with his wife and sona, left the hôtel at the close of the hôtel season, but left there a large number of their employes, at work about the premises and in charge of the property, under the direction and management of the plaintiff; that ail of these employes ate at the Atlantic House, and most of them slept there ; but that two of them roomed and slept in the Oceanic, having their clothing there, and working outside and about the house, going in and out several times a day; that they had been in the employ of the plain- tiff for months, and one of them was a porter in the hôtel — the Oceanic — and that both were in the building at the time of the fire, and esoaped through the window; that the plain- tiff was often at the island and "stopped" at the Oceanic ; that he was there the day before the fire; that Craig, the agent of the defendants, knew how the hôtel was occupied and was satisfied ; and that another agent of the defendant knew of it, and was satisfied that the employes should eat at the At- lantic House. �Upon this evidence the defendant's counsel requested the court to instruct the jury : �"First. That the occupation of the premises insured by two hired meû, in the plaintiff's employ, who slept in the house and took their meals elsewhere, being employed during the day elsewhere, was not such an occupation of the prem- ises as complied with the warranty that a family should live in the house. �"Second. That if the jury should find Poor and wife and chil- dren had left the Oceanic and were living at his residence at Somerville, and that the only occupation of the hôtel was by two laborers sleeping in it, taking their meals elsewhere, and spending their days elsewhere in labor or matters outside of the house, such occupation would not be a compliance with this warranty. ����