(DOWNLOAD) "P. Mart Jorgensen and Marie A. Jorgensen" by Supreme Court Of Utah # Book PDF Kindle ePub Free
eBook details
- Title: P. Mart Jorgensen and Marie A. Jorgensen
- Author : Supreme Court Of Utah
- Release Date : January 23, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
CROCKETT, Justice. Plaintiffs suffered loss from the freezing of plants and bulbs in their greenhouse and sued to recover on the ground that this loss came within the terms of a fire insurance policy issued by the defendant. From a judgment by the court in favor of the plaintiffs, defendant appeals. Plaintiffs operate the Dimple Dell Floral Company in the southern environs of Salt Lake City. Their greenhouse is heated by an oil furnace which is operated by an electric motor. The temperature is supposed to be maintained about 65 degrees and an alarm sounds when it drops below 53 degrees. On the occasion of interest to us, December 12, 1960, a below-freezing winter night, it sounded at about 11:30 p. m. When Mr. Jorgensen went to the furnace room he was 'greeted by smoke and a burnt smell.' He found that the furnace motor was not operating and was unable to get it to run. He called an electrician who found that it had 'burned out' a bearing, and removed it to be taken for repairs. To keep his plants from freezing Mr. Jorgensen resorted to some expedients by burning fuel oil and newspapers in improvised heaters. They nevertheless suffered damages of upwards of $8,000. The trial court found that this loss came within the provision of the policy protecting against 'all direct loss by fire' to plaintiffs' greenhouse, plants and bulbs; and awarded judgment up to the limits of the policy ($5,000).
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