100 Neb. 354 | Neb. | 1916
Action to recover on policy of burglary insurance. Plaintiff recovered, defendant appeals.
The policy was issued to one Rogers, a liquor dealer in Omaha, and was afterwards assigned by him to plaintiff when the latter purchased the saloon. The policy is for $500. It contains the provision that the insurer shall not be liable “for loss of money * * * from a combination fire and burglar-proof safe, or from a burglar-proof safe, containing an inner steel burglar-proof chest, unless the same shall have been abstracted from the steel or so-called burglar-proof chest contained within the safe, after entry into said chest has been effected by the use of tools or explosives directly thereupon.”
The evidence on the part of the plaintiff is substantially to the effect that he left his saloon about 7: 30 p. m. on May 13,1913. He came back a few minutes before 9. The window and show case were broken, the room in disorder, and the window sash raised. He telephoned to the police station, and within a few minutes two policemen came. He afterwards opened the outer door of the safe, put some money in, but not in the steel inner safe, and locked it. The next morning he opened the outer door, took the money out, when he saw that the inner safe had been opened. He
The evidence is unsatisfactory and it does not sustain the verdict on the point that entry into the inner chest had “been effected by the use of tools directly thereupon.” Under the contract this is essential to a recovery.
The judgment of the district court is reversed and the cause remanded.
Eeversed.