SHERMAN v. TRAVELERS INDEMNITY COMPANY

No. 39493.

225 N.W.2d 547 (1975)

193 Neb. 104

Charles SHERMAN and Fannie Sherman, Appellants, v. The TRAVELERS INDEMNITY COMPANY, Appellee.

Supreme Court of Nebraska.

February 6, 1975.


Attorney(s) appearing for the Case

Ginsburg, Rosenberg, Ginsburg & Krivosha, Norman Krivosha, Lincoln, for appellants.

Cline, Williams, Wright, Johnson & Oldfather, Douglas F. Duchek, Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.


WHITE, Chief Justice.

In this suit on a windstorm clause in an insurance policy, the question involved is whether there is sufficient circumstantial evidence on liability and damages for submission to a jury. The District Court determined that the evidence was insufficient for submission and directed a verdict for the defendant. On appeal, we affirm the judgment of the District Court.

To recover, an insured must show that the windstorm was a wind of unusual...

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