Montana Stables v. Union Assur. Society of London

• Decision Date: 26 May 1909
• Citation: 53 Wash. 274,101 P. 882
• Parties: MONTANA STABLES v. UNION ASSUR. SOCIETY OF LONDON.
• Court: Washington Supreme Court

101 P. 882

53 Wash. 274

MONTANA STABLES v. UNION ASSUR. SOCIETY OF LONDON.

Supreme Court of Washington

May 26, 1909

Appeal from Superior Court, King County; Wm. Parmerlee, Judge pro tem.

Action by the Montana Stables against the Union Assurance Society of London. Judgment for plaintiff. Defendant appeals. Affirmed.

Granger & Magill, for appellant.

Farrell Kane & Stratton, for respondent.

FULLERTON J.

This action was brought by the respondent against the appellant to recover on a fire insurance policy. There is no question as to the loss, nor the amount of the loss; the defense being that the property destroyed was not covered by the policy. The property insured was described in the policy as follows: '$1,500 on the two-story frame building, and additions attached thereto, including electric lights wiring, plumbing and all permanent improvements, occupied as a livery, boarding and sales stable, situate on the southeast corner of Washington street and Fourth avenue, Seattle Washington.' The street called Washington street in the policy extends east and west, and Fourth avenue is a street running at right angles thereto. The main barn of the appellant is a two-story structure built at the junction of the two streets, and extends south along Fourth avenue probably 100 feet, and east along Washington street to the alley in the middle of the block. On the south side of the barn, extending from Fourth street to the alley, is a one-story addition to the main barn. Washington street as it proceeds east from Fourth avenue rises rapidly, so that the building erected on the lot immediately to the east of the alley, known in the record as 415-417 Washington street, had its first story on a level with the second story of the respondent's main building. The respondent leased of the owner of this building the right to use the space under the building in connection with its barn, and thereafter excavated the same to a level with the lower floor of its main building, and erected therein single and box stalls which it used for stabling horses. The stable is reached through the alley by an excavation made between the main barn and the stable on a level with the floor of each. The record is not clear as to how much of this alley is excavated, but we gather therefrom that the excavation extends for the full width of the building, making practically one continuous floor from the main entrance on Fourth avenue back to the farther side of the excavation under the Washington street building. The alley was covered with planking which formed at once a roadway at its original level and a roof for the space excavated beneath; this space being used for the storage of vehicles. The following diagram may help to make clear the situation:

(Image Omitted)

The fire started in the Washington street building, destroying entirely that part of the barn, and boing slight damage to the addition to the south side of the main barn.

The contention of the appellant is that the part of the barn in the basement of the Washington street building is no part of the main barn itself, nor an 'addition attached thereto,' within the meaning of the policy, and hence is not covered by the policy; but we think it clear that the phrase 'addition attached thereto' described the property destroyed by the fire. The word 'attached' has the meaning of 'connected with' or 'joined to,' in the sense of which it is used in the policy, and it cannot be disputed that this addition to the main barn was connected and joined to the main...