J. J. Newberry Co. v. Continental Casualty Co.

The question presented on this appeal is whether a loss of money suffered by the plaintiff on December 14, 1958, at its store in Norwalk, California, was within the coverage of a policy of robbery insurance issued by the defendant.

There is no substantial dispute as to the facts. Glen M. Langley was the manager of the store. The assistant managers were Donald Jameson and James Nelson, Jameson being senior to Nelson in length of service. Included in their duties was the obligation to see that the safe and the exterior doors were locked and that the lights were turned off when the store was closed for the day.

On Sunday, December 14, 1958, Mr. Langley was at home. The two assistant managers were on duty.- Just before Mr. Nelson left the store at approximately 6 :30 p. m., Mr. Jame-son invited him to have a drink at the snack bar at the front of the store. Without the knowledge of Mr. Nelson, two confederates of Mr. Jameson then entered through a rear door. Shortly thereafter Mr. Jameson and Mr. Nelson left the premises together.

Mr. Nelson, who lived nearby, returned to the store about a half hour later for the purpose of using the telephone to make a personal call. This was in…