Miller v. Farmers Mutual Life Insurance

The defendant contends that there was no windstorm and that the plaintiff’s damage was the sole proximate result of the accumulation of snow on the roof. The plaintiff contends that a windstorm was the efficient cause of the damage, and that he is entitled to recover on the policy although the snow on the roof may have contributed to the collapse of the building. With respect to these contentions the court instructed the jury as follows: “The court further charges you that unless you find from the evidence and by the greater weight thereof, the burden of proof being upon the plaintiff, that…