Kalgin Packing Co. v. Fire Ass'n of Philadelphia

This is an action to recover on an insurance policy issued by the appellee covering the cargo of the schooner Alice Cooke which was being used as a floating fish saltery in Alaskan waters. The policy expired at noon on the 15th day of November, 1931. The schooner and cargo were totally destroyed on November 17th by a fire which the plaintiff claims originated on or about the 13th day of November. The District Court instructed the jury to return a verdict for the defendant on the ground that there was not sufficient evidence that the fire originated before the expiration of the policy.

The sole question presented by the appeal is whether or not this ruling was erroneous; that is, whether there was any substantial evidence that the fire occurred before noon on November 15, 1931, when the policy expired.

We think the ruling of the trial court was correct. The only evidence adduced to support the contention that the fire was under way at the time the policy expired is the testimony of members of the crew that they smelled smoke as early as the morning of November 14th and continued intermittently so to do until the hatches of the vessel were opened on November 17th when the ship…