Page:Federal Reporter, 1st Series, Volume 4.djvu/780

766 FEDERAL REPORTER. �tain quality and on a specified condition. It îb not found that this permission was departed from. As tonaphtha, the prohibition is against keeping naphtha, by name. Other dan- gerous articles are classed with naphtha, and forbidden to be "kept." Then there is a prohibition against keeping or using certain other articles. Presumably, naphtha, being forbidden to be kept by name, in thô first description, was not intended to be included among the articles forbidden to be kept, in the second description; and, not being included among the articles in the second description, is not forbidden to be used, if the use does not involve the keeping within the meaning of the word "kept" in the first description. The use of the ker- osene or the naphtha to light the store, or its presence or burn- ing in lamps therein used for lighting the store, cannot be considered as a keeping of the naphtha in the store in the sense of the word "kept" in the first description. No other keeping is found. Neither naphtha nor kerosene is camphene or spirit gas or a chemical oi], or within the expression "any burning fluid." �"Burning fluid, stocks of," is indorsed on the policy as specially hazardous, It does not mean any fluid which will burn, but it means a recognized article known as "burning fluid," and a different article from naphtha or kerosene. Nor does the word "any" change the meaning. There may be sev- eral articles, each known as "burning fluid" or "a burning fluid," and each not naphtha or kerosene so as to make it proper to say "any burning fluid." Naphtha being specified in the first description it should have been shown that it was known as "burning fluid" in order to bring it within the second descrip- tion. Kerosene being allowed to be used, the same thing should have been shown and found as to the particular ker- osene used there. Further, the whole policy must be con. strued together. Although naphtha was indorsed as specially hazardous, and was used, and so was within clause 4, its use both for lighting the store and for showing off the stove had ceased before the fire occurred, and there was no naphtha on the premises at the time of the fire. By clause e the policy was to be of no force so long as the forbidden use continued. ����