O'Neill

The above-entitled actions were brought upon policies of insurance to recover of the respective defendants the proportions due from them, respectively, of a loss to plaintiff from a fire which destroyed his property covered by the policies. By agreement the causes were tried together. A verdict was returned for the plaintiff, stating separately the amount of recovery from each defendant, and judgment was given accordingly. The defendants have each appealed from the judgment and also from an order denying a motion for a new trial.

The most important point urged in the argument is the contention that the verdict is contrary to the evidence. Some related questions will also require consideration, but we proceed first to the main question.

The policies were each in the same form. The one issued by the Caledonian Insurance Company covered the stock of goods and household furniture in the building. That issued by the American Insurance Company insured the building itself. O’Neill occupied the front part of the building, exclusively, using it as a carriage repository and for sale of carriages and agricultural implements. There was a partition across the building forty feet from the…