162 INJURING AND KILLING ANIMALS. 



Other personal property in a barn in one gross premium, the 

 policy, if vitiated as to one item, is so as to all.^^* On the 

 other hand it has been held that insurance on a cow killed by 

 being blown against a barbed-wire fence is not defeated by the 

 forfeiture of insurance on buildings under the same policy by 

 reason of a mortgage on the premises, the policy providing 

 that it shall be void in case "the property or any part thereof 

 ... is incumbered by mortgage or otherwise." ^^^ So, the 

 insurance on a colt killed by lightning is not defeated by the 

 fact that the premises on which it was killed and on which 

 the buildings insured in the same policy also were, had been 

 sold and the insurance on the buildings thereby forfeited.^^^ 



The fact that an animal was not owned by the assured at 

 the time the policy was issued was held not to avoid the lia- 

 bility of the company where such animal was subsequently 

 acquired by him in exchange for others that were on the 

 premises at the former date.^^^ And where there was a policy 

 on merchandise in a warehouse "not specifically insured" and 

 the insured person had a policy on poultry which was con- 

 stantly changing, it was held that such poultry was specifically 

 insured and did not fall within the terms of the former policy, 

 although no special lots were designated and there was no 

 attempt to distinguish between different kinds of packages 

 of poultry."^* 



A marine policy of insurance on live cattle against all risks, 

 including mortality from any cause whatsoever, renders the 

 insurer liable for the extra cost of fodder supplied to the cattle 

 while the vessel is detained in a port of refuge for necessary 

 repairs due to perils of the sea, there being danger of total 



^'° Garver v. Hawkeye Ins. Co., 69 la. 202; Beach Ins. § 383. And see 

 Phoenix Ins. Co. v. Public Park Amusement Co., 63 Ark. 187. 



°^° German Ins. Co. v. Fairbank, 32 Neb. 750. 



'" Phoenix Ins. Co. v. Grimes, 33 Neb. 340; Beach Ins. §§ 225, 226. 



"^ Mills V. Farmers' Ins. Co., 37 la. 400. 



™ Firemen's Fund Ins. Co. v. West Refrg. Co., 162 111. 322, reversing 

 55 III. App. 329. 



