Loomis

The action is to recover upon a policy of fire insurance issued by defendant and covering certain-goods of plaintiff while contained in the two-story brick building number 521 Fourth street, north side, between B and Mendocino streets, Santa Rosa. The loss occurred April 18, 1906, -by fire. Defendant based its defense upon the following clause in the policy: “If the building or any part thereof fall, except as the result, of fire, all insurance by this policy on such building or its contents shall immediately cease.”

The cause was tried by a jury and plaintiff had the verdict on which judgment was duly entered. The appeal is from the judgment on the verdict and the order denying defendant’s motion for a new trial.

In addition to the general verdict the jury answered certain particular questions as follows:

While urging certain errors committed by the trial court, appellant states that the principal grounds relied upon for a reversal are: First, that the court erred in permitting plaintiff to introduce evidence of a waiver by defendant of the plaintiff’s compliance with the provision of- the policy relating to the furnishing of notice of loss, -and, second, that the jury, in…