Mack v. Lancashire Ins.

McCrary, C. J.,

(charging jury.) These eases being all of like nature, and relating to the same questions, have been by the order of the court consolidated for the purpose of the trial, and are now to be submitted to you for your verdict upon the facts and in accordance with the law as given to you by the court. The plaintiff in an action of this character is, in the' absence of any admission by defendant, bound to establish by a preponderance of evidence — First, the execution of the contract or policy of insurance sued on; second, the destruction,, total or partial, of the property insured;…