Ohio Supreme Court, 1929

Blue Ridge Lumber Co. v. Globe & Rutgers Fire Ins.

Blue Ridge Lumber Co. v. Globe & Rutgers Fire Ins.
Ohio Supreme Court · Decided May 22, 1929 · Kinkade, Robinson, Jones, Matthias, Hay, Marshall, Allen
169 N.E. 296; 120 Ohio St. 620; 120 Ohio St. (N.S.) 620; 1929 Ohio LEXIS 332 (North Eastern Reporter)

Blue Ridge Lumber Co. v. Globe & Rutgers Fire Ins.

Opinion of the Court

It is ordered and adjudged by this court that the judgment of the said Court of Appeals be, and the same is hereby, affirmed, for the reason that the question whether the building and machinery located on the premises within the clear space clause of the policy constituted an unused or idle sawmill was a question of fact and not of law, and the Court of Appeals found in effect that the evidence all tended to prove that it was an idle sawmill and that there was no evidence that tended to prove the contrary.

Judgment affirmed.

Kinkade, Robinson, Jones, Matthias and Hay, JJ., concur. Marshall, C. J., and Allen, J., not participating.

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