Sklar

This action, tried by a jury, was for a recovery of judgment under an insurance policy. The jury rendered an instructed verdict for defendant, and plaintiff appeals from the resulting judgment.

The policy insured against robbery. The facts were stipulated. Appellant kept a store with a cash register in the place. Adjoining the store he also had a pool and billiard room, the latter and the store being connected by an archway. Appellant cashed a check for a certain person in the store and the two then went into the poolroom, where the recipient of the cash played pool with a third person. Appellant was at once called on to attend upon a customer, who immediately left the place. Appellant then stood behind a counter in the poolroom and while he remained there the customer whom he had just served returned and called into the poolroom, “your building is on fire.” Appellant ran from the front door of the poolroom into the street, thence to a small adjoining building referred to as a storeroom. There, according to the stipulation as to the facts, “he saw some paper and oiled sacks in an opening underneath said storeroom” and “at the time plaintiff arrived there said papers and rags were…