97 Cal. 468 | Cal. | 1893
This is an action to recover for the loss of a certain harvesting machine and outfit, insured by defendant against loss from fire. The court below granted a nonsuit, and rendered judgment for defendant. From the judgment, and from an order denying a new trial, the plaintiff appealed.
The policy ran in terms for a period of one year from June 12, 1890, to June 12, 1891; but, after reciting the character of the property, it contained the following clause: “ All while owned by assured, and known as the Harvest King harvesting machine and outfit, and operating in the grain-fields, and in transit from place to place, in connection with harvesting in Fresno County, of California.” It appeared that the harvesting season in Fresno County usually ends about the 1st of September; that in 1890 it was somewhat longer than usual; that the insured, appellant’s assignor, finished harvesting that year in September, or about the 1st of October; that he then took the machine home to his ranch, having entirely finished using it in the business of harvesting for that year; that he separated the headei from the balance of the machine, so that the whole machinery could be more readily placed in his shed; that he was prevented by other work from putting it in his shed, and that it remained near the shed until the 18th of the following November, at which time it was destroyed by fire. It is clear, therefore, that it was not burned while “ operating in the grain-fields, or in transit from place to place, in connection with harvesting in Fresno County.”
But appellant now contends, and indeed that is nearly its whole contention, that because the policy
Judgment and order affirmed.
■ De Haven, J., Garoutte, J., Harrison, J., and Pat-' erson, J., concurred.