Page:Federal Reporter, 1st Series, Volume 2.djvu/641

 Washburn Mill A, Minneapolis, Minn. The defence was that the loss was occasioned by an explosion, and, therefore, fell within the exceptions given at length in the following opinion. A jury was waived, and the cases submitted to the court upon the proofs:

The evidence established the fact that a destructive fire had commenced and had been burning some minutes, when it communicated with an explosive material in the mill, known as flour dust, causing an explosion which destroyed and consumed the entire premises.

Sage & Hinkle, for plaintiff.

''Wm. M. Ramsey and Thomas McDougall,'' for defendants.

, A. J.The policy issued by the Miami Valley Insurance Company contains the following clauses, upon the first of which this controversy is understood to turn, so far as that Company is concerned: “Provided, etc., that this company shall not be liable for loss, etc., by lightning, or explosion of any kind, including steam boilers, unless fire ensues, and then for the loss or damage by fire only.” And the second clause to which I wish to refer is as follows: “Gunpowder, saltpeter, phosphorus, petroleum, naphtha, benzine, benzole, or benzine varnish, are positively prohibited from being deposited, stored, or kept in any building insured or containing property insured by this policy, unless by special consent, in writing, indorsed on this policy, naming each article separately; otherwise the iusurance shall be void.”

The policy issued by the Fidelity Fire Insurance Company contains the same clauses. They are as follows: “Or if the assured shall keep gunpowder, fire-works, nitro-glycerine, phosphorus, saltpeter, nitrate of soda, petroleum, naphtha, gasoline, benzine, benzole, or benzine varnish; to keep or use camphene, spirit gas, or any burning fluid or chemical oils, without written permission in this policy, then, and in every such case, this policy is void.”

Then follows the clause upon which, as respects this company, the controversy turns. The exception is in these words: “The Company shall not be liable, etc., for any loss caused by the explosion of gunpowder, or any explosive substance, nor