damage by the elements


damage by the elements
Such injuries as result front the operation of the most common destructive forces of nature against which property needs to be protected, the clause being exclusive of direct human agency. Pope v Farmers Union & Milling Co. 130 Cal 139, 62 P 384; injuries resulting from sudden, unusual, or unexpected action, as distinguished from gradual changes and decay. O'Neal v Bainbridge, 94 Kan 518, 146 P 1165 (damage by fire); Kirby v Wilie, 108 Md 501, 70 A 213. Some authorities construe the term as sufficiently broad to include all damage caused by the action of nature, including damage by gradual decay. 32 Am J1st L & T § 795.

Ballentine's law dictionary. . 1998.

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