Page:Federal Reporter, 1st Series, Volume 4.djvu/778

 764 FEDERAL REPORTER. �whicb this poliey is issued, but in no case below the United States standard of 110 Fahrenheit." The referee fouiid that during the occupation of the store by the plaintiff he used kerosene and naphtha for the purpose of lighting the same, usingnaphtha for the first week he was there and kerosene for the remainder of the time; that naphtha was also used in said store by a stranger named. Sayles, on two occasions, to show ofï a naphtha-burning stove, for the sale of which he had an agency ; that there was no naphtha on the premises at the time of the fire, neither was there any kerosene on the premises at that time, except a small quantity — a gallon or two — kept for the purpose of replenishing the lamps used to light the store. As conclusions of law on this subjsct the referee found: "(2) The use of naptha or gasoline and kerosene on the prem- ises in question, in the manner herein before desoribed, was not a violation of any of the conditions of said policy. The use of kerosene, if of a certain quality, is expressly permitted. There is nothing in the case to show that the kerosene was not of the quality allowed. The clause under which it is claimed the articles were prohibited is as follows : ' If, in said premises, there be kept • * * petroleum, naphtha, gas- oline, benzine, benzole, or benzine varnish, or there be kept or used therein camphene, spirit gas, or any buruiug Huid, or any chemical oils.' The said articles were not kept on the premises, within the true intent and meaning of the first part of said clause, as the term 'kept' is clearly employed in con- tradistinction to the term 'used,' in the conclnding portion of the clause, and evidently means the keeping of euch articles as objects of merchandise or manufacture. It is quite obvious that the last part of the clause, in speaking of ' camphene, spirit gas, or any burning fluid,' does not refer to the products of rock or minerai oil, fluch as naphtha, kerosene, etc. The terms, 'camphene,' 'spirit gas,' and 'burning fluid,' are well known to commerce and chemistry, and have a well-under- Btood meaning. Thus, 'camphene' is turpentine purified by repeated distillation; 'burning fluid' is a mixture of camphene and alcohol; and 'spirit gas' is a mixture of the same in- gredients in different proportions. This clause should be ����