Cohrt v. Sun Insurance Office, Ltd.

49 N.W.2d 589, 74 S.D. 153, 1951 S.D. LEXIS 28
CourtSouth Dakota Supreme Court
DecidedOctober 30, 1951
DocketFile No. 9256
StatusPublished
Cited by3 cases

This text of 49 N.W.2d 589 (Cohrt v. Sun Insurance Office, Ltd.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohrt v. Sun Insurance Office, Ltd., 49 N.W.2d 589, 74 S.D. 153, 1951 S.D. LEXIS 28 (S.D. 1951).

Opinion

LEEDOM, J.

Respondent Priscilla Cohrt, plaintiff below, sued the defendant insurance company to recover for the collapse of the roof and a wall of a warehouse in Mitchell, South Dakota under the windstorm provisions of an insurance policy issued by defendant. Defendant denied that wind was the cause of the damage and injected into the case the question of collapse due to causes excluded by the policy, particularly to deterioration of the building due to age, to poor design of the roof and to the weight of snow. The case was tried to the court without a jury on stipulation and resulted in a judgment for plaintiff. Defendant contends in its appeal (1) that the court’s findings of fact do not support the conclusion of liability; and (2) that the evidence does not support the findings. No other questions are presented here. We are of the view that the judgment entered by the trial court is proper under the law and the facts.

The warehouse is one story. The roof was essentially fiat, actually sloping down about 2 inches from both the north and south walls to the center, with the whole sloping slightly to the west for drainage. The roof was 3814 feet wide east and west, 42 feet across the north-south dimension at the front and about 34 feet at the rear. It was wholly [155]*155unsupported from'the ground except by the four walls. Except for the walls the only support to this broad expanse of roof was a trussed fabricated beam running east and west the full width of the building at about the center of the north-south dimension. The beam, about 10” x 10”, was made up of a series of 2” x 10” planks spiked together 5 such planks thick and was long enough to cover the 38V& feet between the east and west walls plus the additional length required to permit 8 inches of the beam to rest on the 8 inch east and west masonry walls. Under the full length of this beam and anchored at each of its ends was a steel truss rod lVs inch in diameter. Between the beam and the truss rod were two 10” upright timbers spaced to divide the width of the roof approximately in thirds furnishing bearing points for the beam from the rod.

Fitted flat against each end of the beam was a steel plate %” thick and 6” wide extending the full height of the beam ends and bent to extend under each end about 3 inches. The truss rod extended from its position about 10 inches below the beam at the center portion of the building on an angle to converge with the beam at is extermities. The ends of the rod ran in grooves cut at angles along the center of the ends of the beam, and through holes in the end plates where the threaded rod was secured on both ends by suitable nuts. Each end of the beam, thus trussed, rested in a niche the full thickness of the 8 .inch walls. The end resting on the east wall was covered over with a 4 inch brick veneer. The east wall extended above the roof line about 2 feet to form an appropriate front for the building.' Along the top ran a decorative coping.

On each side and flush with the bottom of the beam, strips of 2 x 4 were nailed to support ceiling joists extending from the north and south walls to the beam. These joists were notched to fit the 2‘x 4 strips and toenailed to the beam and the strips. Vertical strips extended upright from these ceiling joists to roof joists only a sufficient distance apparently to provide dead air space between the ceiling and the roof and to allow for the drainage conformation of the roof. The roof supports from the ceiling were braced by diagonal members running alternately from the bottom [156]*156to the top and thence the top to the bottom of the uprights. The roofing was built up of tar and paper. The building was about 30 years old.

On November 18, 1948 the City of Mitchell and surrounding area was struck by a typical blizzard. The circuit court found that the wind reached a velocity of 45 miles per hour and sometimes exceeded this velocity. The wind blew from the northwest and occasionally the west. During the 18th and 19th, a part of which period followed the collapse of the roof, 12 inches of snow fell. The moisture content especially during the earlier part of the snowfall was such that by Weather Bureau standards the snow could be termed “heavy”.

There is no direct evidence as to the amount of snow, if any, that accumulated on the roof prior to the collapse. No one saw or knows when the roof and wall fell insofar as the record discloses. There is no evidence of other wind damage in the Mitchell vicinity. A partially built dwelling across the street from the warehouse, seemingly vulnerable to wind damage due to its state of incompletion, withstood the storm.

When the damage was discovered the material comprising the east wall of the warehouse was lying on the abutting sidewalk and street,—the wall had fallen to the east. The coping from the top of the wall was about 30 feet from the wall foundation. None of the material of the wall fell inside the building. A large truck door in the east wall had fallen flat onto the sidewalk and was not materially damaged. Only one of its 24 panes of glass was broken. This door had been installed in the wall about 4 feet north of the point where the east end óf the center beam rested on the east wall. The roof had no structural connection with the east wall except where the beam rested.

The roof proper, except that it had fallen out of place, was not damaged,—that is no parts were detached and strewn around or blown away. The center beam did not break along its length at any point. Neither did the truss rod. The east end of each was dangling near ground level with the end plate attached to the rod. The west ends remained substantially in their original positions. The tim[157]*157bers of the east end of the beam were separated, with possibly some splitting of one or more, for an undetermined distance back from the east extremity. The uprights between the beam and truss rod were of out position. - .

A window in the south wall of the building was broken and so was another in a building immediately west of the warehouse, actually an adjunct to it, separated by a partition with an opening at the top and open doorways. The evidence contains statements indicating that wind came in these broken windows causing the damage.

One witness testified: “The stronger the wind, the stronger the gust condition, because those gusts are created by ground suction.” This testimony relates more specifically than any other evidence to the court’s determination that the roof was lifted not by wind pressure from underneath but by a vacuum above.

A three story building was west across the alley from the warehouse. The entire block in which the warehouse was situated was solidly built with buildings north of the warehouse.

Details of construction and of the condition of the building and exact location of dislocated material immediately after the collapse have been given inasmuch as such details in the particulars hereafter noted constitute in our opinion the principal support to be found in the record for the court’s decision.

By finding of fact XI the court found “* * * that the collapse and damage of said building was caused by a risk included within the insurance provisions of said policy, and was not caused by an excluded risk * * No other finding of fact relates to the cause of the collapse.

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Bluebook (online)
49 N.W.2d 589, 74 S.D. 153, 1951 S.D. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohrt-v-sun-insurance-office-ltd-sd-1951.