Glens Falls Insurance Company and the American Insurance Company of Newark, New Jersey, Appellants, v. Cameron Vestal and Mabel A. Vestal, Appellees., 244 F.2d 78 (4th Cir. 1957)

Federal Circuits, 4th Cir. (May 03, 1957)

Docket number: 7395

Permanent Link: http://vlex.com/vid/glens-newark-cameron-vestal-mabel-36662964
Id. vLex: VLEX-36662964

Click here to download this article in graphic format (Acrobat Reader)

Document language

Request manual translation

Search in this document

Document options

Cited by:

U.S. Court of Appeals for the 4th Cir. - the Hanover Fire Insurance Company of New York Et Al., Appellants, v. Joe C. Ivey and Pat R. Ivey, Appellees., 250 F.2d 110 (4th Cir. 1957)

U.S. Court of Appeals for the 4th Cir. - Firemen'S Insurance Company of Newark, New Jersey, Appellant, v. H. G. Senseney, Appellee., 250 F.2d 130 (4th Cir. 1957)

U.S. Court of Appeals for the 10th Cir. - Hardware Dealers Mutual Fire Insurance Company, Appellant, v. Douglas A. Smart, Jr., Appellee. Douglas A. Smart, Jr., Cross-Appellant, v. Hardware Dealers Mutual Fire Insurance Company, Cross-Appellee., 293 F.2d 558 (10th Cir. 1961)

U.S. Court of Appeals for the 6th Cir. - Allan C. Miller and Betty G. Miller, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee., 583 F.2d 857 (6th Cir. 1978)

See all citations to this document

Text:

L. P. McLendon, Jr., and Hubert Humphrey, Jr., Greensboro, N. C. (Brooks, McLendon, Brim & Holderness, Greensboro, N. C., on brief), for appellants.

William L. Thorp, Rocky Mount, N. C. (Thorp & Thorp, Rocky Mount, N. C., on brief), for appellees.

Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and WILLIAMS, District Judge.

PER CURIAM.

This is an appeal from judgments for plaintiffs on insurance policies issued by defendants and covering a house of plaintiffs which was damaged during the course of hurricane "Hazel" on October 15, 1954. The policies covered loss caused by "windstorm" but excluded loss caused by water "whether driven by wind or not". The question in the case is whether the damage to plaintiffs' house was caused by wind alone or by tidal waters driven by the wind. The case was heard without a jury by the District Judge, who, after intimating a decision in favor of the plaintiffs, reopened the case on motion of defendants and heard additional testimony but adhered to his original opinion. Vestal v. Glens Falls Insurance Co., 146 F.Supp. 494. No questions of law are presented by the appeal. The only questions in the case are pure questions of fact. The District Judge saw and heard the witnesses, and there is nothing in the record which would justify us in holding that his findings of fact are clearly erroneous.

Affirmed.