Page:Federal Reporter, 1st Series, Volume 2.djvu/487

 480 FEDERAI- KKPOBTEB �Same— MiLL — Building becoming Unoccupied. — A condition in an Insurance policy upon a mill providing that the insurance shall be void if the premises become unoccupied, refers to sometliing more than a mere temporary suspension of work in the mill; and Tvhere, insuchi case, work had been stopped for flve days, the mill, in the meantime, heing used for the storage and delivery of goods requiring daily visita by one or t>To persons, held, that the policy waa not void. �Action at law to recover for a loss by fire of the lead works and other property of the plaintiff corporation. The policy was dated May 26, 1875, and was renewed from year to year; the fire occurred May 2, 1878. The jury havingfound a ver- dict for the plaintiefs for $3,838.81, a new trial was moved for on the law and the facts. The facts material to the mo- tion were as follows : �Mr. Eobbins, an insurance broker in New York, was applied to in 1873 by one of the directors of the company to procure insurance upon their property, and went to Dighton, in Mas- Baehusetts, where the works were situated, examined the premises, and made such inquiries as he thought fit of one of the persons employed there. On his return to New York he drew out in ink a sketch of the building which he had made on the spot, and wrote at the bottom a statement of certain facts connected with the risk in these words : "Building two stories high; first story brick, second story f rame ; roof, shin- gles laid in mortar. No fire in the building except under the boiler and lead fumace. Lighted with minerai sperm oil. Watchman day and night. Water runs ail the time. Tanka filled with water, with hose covering the floor below ; 50 fire buckets. On second floor, ores, di-ying pans ; ail the settling tanks, filled with water; 13 tanks — hold 1,000 gallons each. Second floor, storage. The nearest building to the works is a email store-house, 40 feet distant ; no other building within 85 feet. Lead ground in oil and water. Nothing used in the works of an explosive nature." �He procured insurance in 1873, but not with the defend- ants. When he applied to the defendants for insurance, in 1875, he carried this paper in his hand, and answered ques- tions about the risk in part from the paper and in part from memory. The piesident of the defendant company said he ����