Springfield Fire & Marine Insurance v. Lusk
Missouri Court of Appeals
Appeal from the Circuit Court of Franklin County.— Mon. B. A. Breuer, Judge. (1) It is error to select one of the issues, and instruct the jury that the burden was not on the defendant to prove the facts that would support or defeat the issue. It singles out the issue and creates a false impression in the mind of the jury.
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Appeal from the Circuit Court of Franklin County.— Mon. B. A. Breuer, Judge. (1) It is error to select one of the issues, and instruct the jury that the burden was not on the defendant to prove the facts that would support or defeat the issue. It singles out the issue and creates a false impression in the mind of the jury. (2) It is error to instruct that no burden rested on defendant to explain “how or Ivy what means said fire was started. ’ ’ Colloquial English applies , the phrase, ‘4 starting a fire, ’ ’ to mean a deliberate, human, intentional act and the effect is to raise in the minds…
1Opinion of the Court
This suit was instituted in the Circuit Court of Franklin County, Missouri, on the 5th day of February, 1915. The body of the petition as amended at the trial is as follows:
"Plaintiff for its cause of action against defendants states that all times hereinafter mentioned, plaintiff was and is a corporation engaged in the business of fire insurance and duly authorized and licensed by the State of Missouri to do such fire insurance business in the State of Missouri; the St. Louis and San Francisco Railroad Company was and is a corporation engaged as a common carrier in the operation of railroads…
2Cases cited9 opinions
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- Fritz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Logan v. Wabash RailroadMissouri Court of Appeals · 1902
- Knight Bros. v. Chicago, Rock Island & Pacific RailroadMissouri Court of Appeals · 1906
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3Cited by1 opinion
- Anderson v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1963