West v. Franklin Fire Insurance

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellant insists that the court erred in refusing to direct a verdict in its favor. It is argued that appellee failed to prove the averment of her declaration that she furnished proof of loss in accordance with the terms of the policy and that the peremptory instruction should have been given for that reason.

The record discloses that'appellant filed special pleas to the effect that appellee was not entitled to recover because she failed to furnish proof of loss. By so doing appellant recognized that it had the burden upon that…