166 A. 509 | N.J. | 1933
At the first trial Judge Dungan directed a verdict for the defendant, and the judgment on that verdict being reviewed here on appeal, the result was a reversal and remand for a new trial, at which the evidence was taken anew, but to the same effect as at the first trial. The trial judge doubtless deeming our decision reported in 110 N.J.L. (at p. 209) controlling in the premises, directed a verdict for the plaintiff, and the judgment on that verdict is now before us.
The two pertinent provisions of the policy, and the facts relevant thereto, are set out in our former decision and need not be here repeated. The argument appears to be at this time, that because the "force and violence" mentioned in indemnity paragraph I, were not exerted until after the combination of the outer door had been opened by manipulation, the loss was not "occasioned" while the safe was "duly closed and locked by at least one combination or time lock." *115
This seems to be a presentation in a slightly different form of the same point that Judge Dungan at the first trial decided against the company, in which decision we expressly concurred.
The judgment is affirmed.
For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, CASE, BODINE, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 14.
For reversal — None. *116