Mrs. Winnie Gardner v. Oscar F. Wilkinson, Cross-Appellant v. State Farm Fire and Casualty Company, Cross-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that application of the wrong standard of proof required reversal when the evidence presented was purely circumstantial and included contradictory expert testimony
• holding that application of the wrong standard of proof required reversal when the evidence presented was purely circumstantial and included contradictory expert testimony
• concluding that jury instruction on the burden of proof in an insurance coverage case was erroneous, then reversing judgment because the court \[could not] say that the application of the wrong standard would be harmless error\
• “The possible application of the wrong standard of proof may not warrant reversal if the misapplication would not harm the losing party....”
• misstatement of burden of proof is reversible error if harmful to losing party
• “The possible application of the wrong standard of proof may not warrant reversal if the misapplication would not harm the losing party . . . .”

Source: CourtListener parenthetical corpus (CC0).