Noel

On June 26, 1931, appellant was the insurer against accidental collision or upset of three automobile trucks owned by appellee’s assignor. On the date mentioned, the three trucks rolled or dropped off of the John-Day Highway, in Umatilla county, Or., into a canyon a couple of hundred feet below, and were completely wrecked. This action was *917 then brought to recover the insured value thereof.

The policies contained a provision that the insurer would not be liable thereunder “for any loss, damage, or expense while the automobile insured hereunder is operated, maintained, or used * '* * for towing or propelling any trailer or vehicle.” Liability under the policies is sought to bo avoided because of alleged breach of this latter provision.

Shortly prior to the accident, the trucks were fastened together by cables or chains, thirty to forty feet apart, and the rear truck was in turn cabled to a steam shovel. They were so connected as a precaution against possible mishap, because the road upon which they were traveling was narrow and steep and the steam shovel had no- brakes. They were not attempting to pull each other; on the contrary, each was proceeding under its own power, and…