60 Wis. 126 | Wis. | 1884
There is no bill of exceptions in this case, and there was no motion for a new trial on the merits, .or for errors, so that the only questions before this court relate to the special findings of the jury, and are (1). whether, upon such findings, the defendant company did not waive the conditions in the policy and by-laws of' the company in respect to alterations of the building insured by an addition thereto, in which there was no chimney of stone or brick, and the stove-pipe from the stove within the same was passed through the roof, through an iron plate on the same; and (2) whether the fire originated in such addition or by means of said stove-pipe.
There was a general finding directed by the court (1) that this was a mutual policy in a town insurance company upon a building used for a dwelling and a store, in which there was
The special findings of the jury pertinent to this inquiry are (1) that the officers of the company knew of the condition of this additional structure many months before the fire, and ordered the plaintiff to put up a chimney and take out the stove-pipe, and he promised to do so; (2) that the secretary of the company knew of this alteration and defect as early as 1880. The most of the intermediate findings are substantially a repetition of the above, until the thirteenth finding, which was that after the company had notice of this addition, and the want of a chimney therein, they made an assessment upon the stock of the plaintiff in the company by virtue of the policy (which was conceded to have been paid). The only other findings material are the eighth and tenth, that the jury did not lenow whether the fire originated in the addition or from the use of the stove-pipe therein. Both parties moved for judgment on these findings, and the motion of the plaintiff was allowed.
By the Gourt. — The judgment of the circuit court is affirmed.