Southern Fire Insurance Co. of New York v. Haltom

Court of Appeals of Texas

Southern Fire Insurance Co. of New York v. Haltom

70 S.W.2d 1119, 1934 Tex. App. LEXIS 453

CourtCourt of Appeals of Texas

DecidedApril 18, 1934

DocketNO. 9328

StatusPublished

This text of 70 S.W.2d 1119 (Southern Fire Insurance Co. of New York v. Haltom) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Southern Fire Insurance Co. of New York v. Haltom, 70 S.W.2d 1119, 1934 Tex. App. LEXIS 453 (Tex. Ct. App. 1934).

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Opinion

SMITH, Justice.

This whole controversy rests upon the validity of a. jury finding that defendants in error’s building was a total loss from fire while insured for $300 by plaintiff in error fire insurance company.

This court has very carefully reviewed the evidence and the presentation thereof in the briefs of the parties, and has reached the conclusion, albeit with some hesitation and reluctance, that, there being material testimony to support the jury finding, that finding must stand.

It may be true, as plaintiff in error contends, that the finding is against the weight and preponderance of the evidence, but it is not so overwhelmingly so as to warrant an appellate court in arbitrarily substituting its appraisal of the testimony for that of the jury-

The judgment is affirmed.

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