Rufus Wheeler Peckham

“ If an explosion occurred from contact of escaping vapor with a match lighted and held by an employee of the plaintiff, and the loss resulted solely from such explosion, the verdict must be for the defendant.
(3) A match lighted and held by an employee of the plaintiff coming in contact with the vapor and causing an explosion is not to be considered as 'fire' within the meaning of the policy.
We think each instruction was correct. A loss occurring solely from an explosion not resulting from a preceding fire is covered by the exception in the policy. ”

“ If you find in the case evidence that there was an antecedent fire, which did not amount to an explosion, but which was simply rapid combustion, which resulted in a collapse of the building, and not in an explosion, then it is conceded that the plaintiff is entitled to recover such damages as you shall find that he sustained. ”

“ The gasoline which the insurance policy permitted the plaintiff to keep was stored in the cellar in a tank underneath the back cellar floor. Customers were supplied with gasoline from a pump which was operated in the back of the store above the cellar where the gasoline tank was. There were no gas jets in the cellar, and no artificial lighting of any kind. When near the door one could see without the use of a match, or candle, or any other light, but when 7 or 8 feet away it was necessary to have artificial light of some kind. ”

“ In finer print are the following conditions and exceptions, among others:
'It being covenanted as conditions of this contract that this company . . . shall not be liable . . . for loss caused by lightning or explosions of any kind unless fire ensues, and then for the loss or damage by fire only.
'Or, if gunpowder, phosphorus, naphtha, benzine, or crude earth or coal oils are kept on the premises, or if camphene, burning fluid, or refined coal or earth oils are kept for sale, stored, or used on the premises, in quantities exceeding one barrel at any one time without written consent, . . . ”

“ This is an action brought by the plaintiff in error upon a policy of insurance issued by the defendant. On the trial the insurance company had a verdict upon which judgment was entered, and, the court of appeals of the District of Columbia having affirmed it (16 App. D. C. 241) , the plaintiff has brought the case here. The policy was for $5,000 on the plaintiff's stock in trade, which was destroyed on September 27, 1896. ”

“ The 'other goods' must be such as are ordinarily, usually, customarily kept for sale in a firstclass retail stove and tin store, and not such other classes of property as the insured may then or at any time choose to keep for sale in his particular store. ”