Page:Federal Reporter, 1st Series, Volume 9.djvu/828

BaBNeS V. HABTFOBD FIBE INS. CO. 813 �Baenes and others v. Hartford Fiee Ins. Co. �{Oireuit Court, D. Minnesota. January, 1882.) 1. iNstriiAiicE — Sepabatb Risks trpoN Samb Peopkbty — Laws — MBAStraB of �LiABILITT. �Where several insurance companies take separate risks upon the same prop- erty, and a loss occurs, the companies are liable in the ratio that their risks ijear respectively to the total risk. �Action at law, tried before the court without a jury upon an agreed I tatement of facts. �W. D, Cornish, for plaintiffs, �G, K. Davis, for defendant. �Nelson, D. J. This suit is brought against the defendant upon an insurance policy, dated February 22, 1881, by the terms of which it insured the plaintiffs, as their interest might appear, against loss or damage by fire "to the amount of $20,000 upon grain held by them in storage, or in trust, or on commission, or sold but not delivered, contained in elevators and warehouses situate on the Unes of the Northern Pacific and St. Paul, Minneapolis & Manitoba Eailroads, as per schedule herewith, as the same may be owned, controlled, or leased by the said assured." �The schedule referred to, and which was attached and made a part of the policy of insurance, was in words and figures as follows : �" On grain owned or held by them in storage, or in trust, or on commission, or sold but not delivered, contained in elevators, warehouses, situate on the Unes of the Northern Pacific and St. Paul, Minneapolis & Manitoba Railroads, as per schedule herewith, as the same may be owned, controlled, or leased by the said assured. �"It is understood and agreed that, in case of loss under this policy, this Company shall be liable only for such proportion of the whole loss as the amount of this insurance bears to the cash value of the whole property herein described and contained in the elevators and warehouses, in schedule here- with, at the time of the flre. �"Permission to clean grain, and to make ordinary alterations and repairs in and to any of the buildings named in this schedule, and to run at night when necessary. Other insurance permitted, without notice, until requiijed. ��� �