Home Indemnity Co. of N.Y. v. Jelks

Johnson, C. J.,

(after stating the facts). But one question is presented in this appeal for determination, namely: Did the trial court err in refusing to direct a verdict for appellant?

We think that, under the terms of the policy of insurance sued on in this case, when appellee produced facts and circumstances in testimony showing, or tending to show, that the safe was forcibly broken and entered, and that loss was sustained by reason thereof, this made a prima facie case on behalf of appellee, and the burden then shifted to appellant to show by testimony that the burglary was effected by…