TEXAS FARM BUREAU INSURANCE COMPANY v. MUSE

No. 3709.

334 S.W.2d 193 (1960)

TEXAS FARM BUREAU INSURANCE COMPANY, Appellant, v. Louis MUSE, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 14, 1960.


Attorney(s) appearing for the Case

Ben L. Parten, Jr., Franklin, Coleman Gay, Austin, for appellant.

Bill Palmos, Bryan F. Russ, Hearne, for appellee.


TIREY, Justice.

Plaintiff grounded his cause of action on an insurance policy covering his stored cotton seed against loss caused by windstorm and rain. At the conclusion of the evidence the Court overruled the insurance company's motion for instructed verdict and submitted the cause to the jury on six issues. They are absent the burden of proof clause substantially as follows: Do you find

"1. That the wind made an opening in the wall or roof of the building...

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