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HANOVER FIRE INSURANCE COMPANY OF N.Y. v. ARGO

No. 16802.

251 F.2d 80 (1957)

The HANOVER FIRE INSURANCE COMPANY OF NEW YORK, Appellant, v. George D. ARGO, d/b/a Ruth's Shop, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 21, 1958.

Attorney(s) appearing for the Case

Horace E. Richter, LaGrange, Ga., Alex W. Smith, Jr., Smith, Field, Doremus & Ringel, Atlanta, Ga., for appellant, Alex W. Smith, Estes Doremus, Sam F. Lowe, Jr., Atlanta, Ga., of counsel.

Lewis R. Morgan, William P. Trotter, Wyatt & Morgan, James R. Lewis, LaGrange, Ga., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The Insurer undertakes the heavy burden here of contending that the evidence, much of it circumstantial, was such as to require a finding, as a matter of law, that extensive damage to the Assured's establishment, Ruth's Shop in LaGrange, Georgia, November 29, 1955, was due to a fire of incendiary origin caused or procured by the Assured. This is the position on the main question since the jury...

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