Texas Farm Bureau Insurance Co. v. Muse

TIREY, Justice.

Plaintiff grounded his cause of action on an insurance policy covering his stored cotton seed against loss caused by windstorm and rain. At the conclusion of the evidence the Court overruled the insurance company’s motion for instructed verdict and submitted the cause to the jury on six issues. They are absent the burden of proof clause substantially as follows: Do you find

“1. That the wind made an opening in the wall or roof of the building in question? A. Yes.

“2. That the cotton seed in question was damaged by rain entering the opening of the building in question ? A. Yes.

“3.…