Allen Gasoline Co. v. Franklin Fire Ins. Co. of Philadelphia

Appellant brought this action to recover upon fire insurance policies issued by the appellee. The trial court directed the jury to render a verdict in favor of the appellee. Appeal is taken from the resulting judgment.

The bill of exceptions proposed by the appellant and settled by the trial court over the objections of the appellee incorporates by reference reporter’s transcript of the stenographic notes taken at the time of the trial. The transcript contains 774 typewritten pages. No attempt was made to comply with rule 10 of this court, which requires that the evidence be presented in a condensed and narrative form. We have recently had occasion to consider the meaning and effect of this rule in Hursh v. Killits, 58 F.(2d) 903 ; Coberth v. Wilson, 63 F.(2d) 156 ; McDonald v. Harding, 57 F.(2d) 119,124 ; Yangtsze Rapid S. S. Co. v. Deutsch-Asiatische Bank, 59 F.(2d) 8 ; Metzler v. U. S., 64 F.(2d) 203 , decided by this court March 27, 1933.

The appellee has moved that the court strike out and disregard the bill of exceptions by reason of the failure to comply with rule 10 in its preparation. In reply to this motion, affidavits were filed on behalf of the appellant by the…