Lane v. Southern Kansas Mutual Insurance

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from a judgment in favor of the plaintiff on a .policy of fire insurance issued by the defendant to the plaintiff on wheat in the stack.

One of the defenses was that the plaintiff had, by himself or through some person employed and procured by him, set fire to and burned the wheat. The evidence to prove that the plaintiff had burned the wheat was wholly circumstantial. On that subject, the court instructed the jury as follows:

“There is no direct evidence that the plaintiff set the fires in question, either by himself…