Opinion
No. 6376.
Decided May 15, 1935.
Insurance.
In suit to recover on burglary insurance policy covering a certain safe, the insurance company is not liable in absence of evidence showing marks of violence on outside of safe.
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Nueces County.
Suit by J. C. Blacknall again Maryland Casualty Company to recover for loss of $1500 by reason of abstraction of valuables from his safe. The policy of insurance insured said valuables from loss "through the forcible opening, upon the premises, when not open for business, of such safe effected by means of explosives, tools or chemicals, of which forcible opening there same remain visible marks upon the exterior of such safe while such safe is duly closed and locked." Trial court rendered judgment for casualty company, which judgment was reversed and rendered by the Court of Civil Appeals ( 52 S.W.2d 288), and insurance company has brought error to the Supreme Court.
The case was referred to the Commission of Appeals, Section A, for their opinion thereon and the Supreme Court adopted same and ordered judgment entered in accordance therewith.
Judgment of Court of Civil Appeals reversed, that of district court affirmed.
R. L. House and Richard M. Mercer, both of San Antonio, for plaintiff in error.
E. B. and Howell Ward, of Corpus Christi, for defendant in error.
J. C. Blacknall brought this suit against the Maryland Casualty Company on a burglary insurance policy covering a certain safe. The trial court rendered judgment for the casualty company. The Court of Civil Appeals erroneously reversed that judgment and rendered judgment for Blacknall. ( 52 S.W.2d 288). The case is controlled by National Surety Company v. Volk Bros. Co., Inc., this day decided, 125 Tex. 398, 82 S.W.2d 622. The judgment of the Court of Civil Appeals herein is reversed, and that of the trial court is affirmed.
Opinion adopted by the Supreme Court May 15, 1935.