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STATE FARM FIRE AND CASUALTY COMPANY v. HERRON

No. 7872.

269 F.2d 421 (1959)

STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. P. W. HERRON, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 6, 1959.

Attorney(s) appearing for the Case

Thomas B. Butler, Spartanburg, S. C. (Butler & Chapman, Spartanburg, S. C., on brief), for appellant.

Harry DuMont, Asheville, N. C. (Walker & White, David N. Wilburn, Jr., Mike S. Jolly, Union, S. C., Fred N. Sigman, Jr., and Uzzell & DuMont, Asheville, N. C., on brief), for appellee.

Before HAYNSWORTH, Circuit Judge, and BARKSDALE and BRYAN, District Judges.

BARKSDALE, District Judge.

From a judgment of $4,000, the full amount of its fire insurance policy, rendered by the court sitting without a jury, against it and in favor of the insured, P. W. Herron, State Farm Fire and Casualty Company has prosecuted this appeal. The court made findings of fact, which should not be set aside by this court unless clearly erroneous. F.R. Civ.P. 52(a), 28 U.S.C.A. Notwithstanding the admonition of the rule, a careful perusal of the...

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