Robinson v. Palatine Insurance

Citations

• 11 N.M. 162

Syllabus

<p>SYLLABUS.</p> <p>1. A substantial compliance with the terms of a fire insurance policy as to notice and proof of loss, is all that is required, and when notice of the loss is given, even if it is not sworn to,- and an adjuster is sent to investigate the loss, unless a verification or further information is demanded, the objection that the notice of loss is not verified is waived.</p> <p>2. A judgment will not be reversed where the evidence as to the value of the property destroyed by fire is conflicting, unless it clearly appears from the evidence that the judgment is for a sum in excess of that shown by the evidence. This court will not pass on the weight of the evidence, as that duty devolves upon the jury.</p> <p>3. The right to submit questions of fact to be answered by the jury at the same time they return their general verdict is given by statute in this Territory, but as to what the questions may be, rests in the sound discretion of the court, and the court is not required to submit improper questions to the jury because one of the parties to the cause requests it. If the court submits questions to the jury, it can withdraw them, if it sees fit, from their consideration, and if the jury returns a general verdict ignoring the questions and the judge accepts the verdict as returned and discharges the jury, it is the same as though the court had refused to submit them in the first instance.</p>