Opinion
No. 14,517.
Decided February 27, 1939. Rehearing denied March 27, 1939.
Action on a fire insurance policy. Judgment for plaintiff.
Affirmed. On Application for Supersedeas.
1. INSURANCE — Fire — Incendiarism — Evidence. This case ruled by the decision in North River Insurance Co. v. Militello, 104 Colo. 28.
Error to the District Court of Las Animas County, Hon. David M. Ralston, Judge.
Messrs. LINDSEY LARWILL, Mr. D. K. WOLFE, JR., Messrs. PERSHING, NYE, BOSWORTH DICK, Mr. N. A. HUTCHINSON, for plaintiff in error.
Mr. FRANK H. HALL, for defendant in error.
PLAINTIFF in error here was one of the insurers of the property involved in North River Ins. Co. v. Militello, 104 Colo. 28. It was stipulated that the pronouncement in that case should apply also to this; consequently the judgment below is affirmed for the reasons given in that opinion.
Mr. Justice Knous, Mr. Justice Bock and Mr. Justice Burke concur in the conclusion only, it being their view that the law of the case was settled by the opinion in North River Ins. Co. v. Militello, 100 Colo. 343, 67 P.2d 625.
MR. JUSTICE FRANCIS E. BOUCK specially concurs.