Colonial Mutual Fire Insurance v. Ellinger

First. Appellant argues that the verdict is contrary to the evidence; that the evidence shows appellee had set fire to his own premises, even though the same degree-of proof is required to establish a defense involving crime as is required in a criminal case. Germania v. Klewer, 129 Ill. 612; McConnell v. Delaware Ins. Co., 18 Ill. 328.

There are in this record many circumstances of suspicion. But whether or not this defense was established, was a question of fact which was submitted to the jury, who heard and saw the witnesses and observed their demeanor while on the stand, and then decided…