Warren v. Farmers Mutual Fire Insurance
Warren v. Farmers Mutual Fire Insurance
Opinion of the Court
This plaintiff recovered a judgment for $37.50 for a mule colt alleged to have been killed by lightning. Defendant had issued to plaintiff an insurance policy which would cover such a loss, but the judgment must be reversed because there is no evidence whatever in the record that the mule was killed by lightning. It was only four days-old when found dead. The evidence regarding its death as given by plaintiff and another witness is that the colt was seen in the pasture about nine o’clock in the morning apparently well and at six o’clock the following morning was found dead, lying in the edge of a shallow stream about eight or. ten feet from a wire fence. A storm had raged during the night, accompanied by thunder and lightning; but there was no sign either on the body of the mule or
Case-law data current through December 31, 2025. Source: CourtListener bulk data.