Scott v. Home Ins. Co.
U.S. Circuit Court for the District of Missouri
Action on fire policy. Defense, that the plaintiffs burned their own property, covered by the policy. Similar actions had been brought by the plaintiffs on other policies. By consent, certain special issues were submitted to the jury, and their answers were to be taken as applicable to all the cases. It was made a question on the trial as to the degree, or quantum of proof requisite to establish the charge that the assured had themselves burned the property.
Read the full summary
Action on fire policy. Defense, that the plaintiffs burned their own property, covered by the policy. Similar actions had been brought by the plaintiffs on other policies. By consent, certain special issues were submitted to the jury, and their answers were to be taken as applicable to all the cases. It was made a question on the trial as to the degree, or quantum of proof requisite to establish the charge that the assured had themselves burned the property. Certain confessions of one of the plaintiffs were given in evidence, without objection at the time, that they were not voluntary, but it…
1Opinion of the CourtDillon, Circuit Judge
(charging jury). The questions of fact specially submitted to you, require at the hands of the court a statement of the rules of law applicable to the decision of such questions. The second interrogatory requires you to find “whether the plaintiffs, or either of them, caused, procured, planned, or instigated the burning, or whether either one of them set fire to the building, consented to, or connived at the burning?” The charge of willful burning is made by defendants, and must be proved by them.
In the trial of ordinary civil suits, like the present, the jury determine the issues upon what…
2Cited by3 opinions
- First National Bank v. Commercial Assurance Co.Oregon Supreme Court · 1898
- Hawloetz v. KassU.S. Circuit Court for the District of Southern New York · 1885
- Hills v. GoodyearTennessee Supreme Court · 1880