Citations
- 74 F.2d 935
Full opinion text
ALSCHULER, Circuit Judge.
The action was on appellant’s policy for $8,775 issued to appellee indemnifying her against loss on jewelry and furs as in the policy itemized and valued at a total of the face of the policy. The declaration charged the loss to appellee, by theft, of items of jewelry scheduled in the policy at a total of $7,900, and of the market value of that amount.
To the declaration appellant filed the general issue and two amended pleas, which will hereinafter be more fully described. To the special pleas appellee’s demurrer was sustained.
At the close of the evidence the court directed the jury to find that the articles alleged to have been stolen were in fact stolen from appellee, and that the only question upon which the jury should pass was the value of the jewelry at the time of the theft, and for such value to return a verdict for appellee. The verdict was in favor of appellee for $7,475, for which judgment was rendered.
Error is assigned on sustaining the demurrer to the two amended special pleas. These pleas set forth a provision of the policy that “This entire policy shall be void if the Insured be wondered that ofttimes their depredations, are accomplished without leaving tangible clue of the means or manner thereof. So, even though it may not appear that a particulaur theory advanced to account for the loss of the jewels had been definitely established!, If, as here, it does appear that bona fide loss of them has in fact been sustained by the insured, this is sufficient to warrant recovery under the policy. We find no error in the court’s direction complained of.
It is complained that, over objection, appellee testified that the fire escape was within an easy step of the window in the maid’s room, the objection being to the employment of the words “easy step” instead of specifying the actual distance. Some witnesses, did give the distance at about three feet, one stating it to be thirty-five inches. But we do not think the use of the expression “easy, step” was objectionable. It is of common knowledge that distances are frequently measured by pacing or stepping and assuming a pace or step to be three feet. (See dictionaries.) This has been customary from time out of memory. The jury could not have been misled by the witness’ employment of this expression to indicate the distance.
The judgment is affirmed.