81 Iowa 496 | Iowa | 1890
I. The policy upon which the action is brought covered ear corn contained in two cribs. Upon one crib the amount insured was sixteen hundred and sixty-five dollars ; on the other, three hundred and thirty-five dollars. The crib first named was burned, and the corn contained in it destroyed. The plaintiff seeks, in this action, to recover for this loss. The policy
II. In our opinion the court below erred in this instruction. It is plain that the policy cannot bear the construction therein put upon it It will be observed that the condition of the policy in question is against
Counsel insist that “it is a general rule in the construction of contracts and statutes that, when general words follow special words, the general words are controlled and go verned by the special words.” The rule is not accurately stated as it is found in the authority cited by counsel. 2 Pars. Cont. p. 13, note 2. It is there stated in this language: “ When, in a statute, general words follow particular ones, the rule is to construe them as applicable to subjects ejusdem generis.” We may assume what is probably true, that this rule applies to contracts. The condition of the policy under consideration is against exposures. The erection or occupation of adjacent buildings is specially named, as causes producing exposure. In the general language, exposures, “by any other means whatever within the control or knowledge of the assured,” are forbidden. The special words forbid “the erection and occupation of adjacent buildings” so as to change or increase the exposure..
Other questions argued by counsel need not be considered, as the views we have expressed are decisive of the case upon this appeal. The judgment of the district court is REVERSED.