Dwyer v. Continental Insurance

Citations

• 57 Tex. 181
• 1882 Tex. LEXIS 118

Syllabus

<p>1. Charge of court—Burden of proof.— In an action for loss upon a fire insurance policy, on which the defendant pleaded that the fire was not accidental, but caused by the insured, held error to charge the jury that the burden of proof was on the plaintiff to show “that the loss was an honest one; that is, that it was owing to causes not traceable to the insured or his agency.”</p> <p>2. Presumption.—There is no such presumption that the owner of insured property burns, or causes it to be burned, whenever it is lost by fire. The contrary presumption does exist.</p> <p>S. Practice — Effect of error in charge.—That the testimony may preponderate in favor of the verdict, will not sustain it when an erroneous charge may have influenced the jury in the finding.</p>