Page:Federal Reporter, 1st Series, Volume 3.djvu/569

 563 7EDEBAIi BEFOBTXU. �alluded to, and certainly could not bave been the sense in which the parties understood them at the time. I think, therefore, that this clause must be understood as embracing such alterations in relation to the carrying on the business of the plaintiffs as would not essentially and materially increase the liability of the property to be destroyed by fire. �If the jury find from the evidence that the sinking of the well was without the consent of the company, and materially and essentially increased the liability of the property in- sured to be burned, the policy would be avoided, and the defendant will be entitled to your verdict. But if the sink- ing of the well did not materially and essentially increase the liability of the property to be burned, it would not avoid the policy, although its effect may bave been to render it in some degree more liable to be burned than it otherwise would bave been. �If you find from the evidence that, in the business in which these premises were used, a well would be beneficiai, and such well as the plaintifif's sunk had, prier to and at the date of the policy, been sunk and in common use by establishments of the general character of the plaintiffs, and the sinking of such well did not essentially and materially increase the liability of the premises to be burned, the plaintiffs had the right to sink the well, and the sinking thereof would not avoid the policy. �Upon the question raised by the reply, that the agent of the company, having knowledge of the digging of the well, and, making no objections, the assaut of the company is to be pre- sumed, I may say to you that, although Mr. Young, an In- surance agent, placed the insurance in the defendant'a com- pany, and procured the regular agent of the company, Mr. Pollack, to issue the policy, after the issuing and delivery of the policy to the plaintiff, Mr. Young's relations to the com- pany ceased, and the company would not be chargeable with any knowledge of bis acq[uired after that time in regard to the sinking of said well. ����