Bakovic

The defendant in error as plaintiff brought actions against the two insurance companies involved herein to recover from each the sum of $3,500 on a policy of insurance on fishing gear of the agreed value of $7,000 on the gas boat “Eairplay,” from Seattle, Wash., to Ketchikan, Alaska, alleging in the complaints that the “Fairplay” was accidentally “destroyed by fire, and all the fishing gear thereon was badly burned and destroyed by fire, ór so damaged that it sank and was totally lost.” The jury found for the plaintiff for the full' amounts sued for, and judgments were rendered accordingly.

Error is assigned in each case to the denial of the defendants’ motions for instructed verdicts, and it is now contended that there was no proof that all of the alleged insured cargo was placed on board the vessel or that the cargo on deck was not of greater value than limited by the policy, or that there was any loss of underdeek cargo, or an actual total loss. In discussing these assignments the defendants apparently overlook the rule that this appellate court is not authorized to weigh the evidence which was submitted to the jury, but is required .only to ascertain from the record whether…