121 Minn. 160 | Minn. | 1913
This action is brought to vacate an award of referees chosen pursuant to the provisions of the Minnesota standard fire insurance policy, and to recover the amount of the actual loss, claimed to be $1,855. The issues, both as to the validity of the award and as to the amount of the loss, were submitted to a jury, which found a verdict for the plaintiff for $950. The award was $470.83. The
If this were a case of a loss of $200,000 and an award of $100,000, the discrepancy would be startling. If it were a case of an award of $100,000, and the loss was three or four times as great,, the difference would be more startling, but still a difference only in degree. In the case at bar we are dealing with small figures. I» dollars the difference is not great, but the award is but a fraction of the loss, a ratio something like that suggested in the larger figures just used for illustration. The jury might well enough find that the referees had no proper appreciation of the kind of property with which they were dealing, or of the damage done it, and that their award was so grossly inadequate as to constitute fraud.
We are not to be understood as saying that awards are lightly to be set aside because of inadequacy. The contrary is true. They will be supported unless the evidence is convincing. There is no right of appeal from the referees to a jury. An attentive consideration of the evidence leads us to the conclusion that the finding of fraud is well supported. The case was put to the jury by the trial court in a thoroughly satisfactory manner, and the verdict should not be disturbed.
The instruction was correctly framed, and pointedly referred to a live issue in the case, and very properly might have been given. The precise thought embodied in it is given in the court’s general charge, and is repeated, in one form or another, two or three times. The rule is so throughly settled that it is not error to refuse a requested instruction, though it is correct and applicable, if the point of it is fully and accurately stated in the general charge, that no citation of authority should be made.
Order affirmed.