Export Insurance Company v. Royster

Hart, C. J.,

(after stating the facts). Counsel for appellant assign as error the action of the court in instructing the jury as follows:

“Now, gentlemen, when the plaintiff proves that his car was delivered to the garage and that he went back for it and that it was missing, without his knowledge or consent, then that would be prima facie evidence of the fact that the car was stolen,”

We think counsel for appellant are correct in their contention. The policy insures the owner against loss or damage to the automobile by reason of theft, robbery or pilferage. Liability is claimed for loss suffered…