Gross & Weissfeld v. State

MAUCK, J.(1) It is complained that the court erred in instructing the jury regarding the provisions of §9583 GC. This is the statute that requires payment in full for an insured building totally destroyed by fire. If this were an action to recover on the policy of insurance and if an entire loss were not claimed by the insured, the pertinency of-the statute might not be apparent, where, however, the parties were charged with an unlawful burning and the evidence tended to show an effort to destroy the entire building, the statute in question became of much significance. It bore heavily on the…