| Wis. | Jan 15, 1859
By the Court,
This was an action brought by the defendants in error to recover the amount due on a policy of insurance. One of the grounds of defence relied upon to defeat the action was, that the defendants in error had set fire to the building, and that consequently the company was exonerated from all liability for the loss thus occasioned. Upon this point the court charged the jury that the defence set up constituted a criminal offence, and that although this was a civil action, yet from the nature of the defence — it being what would constitute a crime — they must be satisfied from the evidence, beyond a reasonable doubt; that the evidence should be as clear and satisfactory to prove the defendants’ case, as if the plaintiffs were on trial upon an indictment for arson; to which instruction the counsel for the plaintiff in error excepted.
We think the county court improperly instructed the jury as to the degree or quantity of evidence necessary to justify them in finding for the Company. "The distinction between full proof and mere preponderance of evidence is in its appli
We have, however, been referred to the case of Thurtell vs. Beaumont, 1 Bing. R. 339, where a contrary doctrine is held. That was an action against an insurance company to recover a loss by fire, and the defence was that the plaintiff had wil-fully set fire to the premises. Park J. instructed the jury that before they gave a verdict against the plaintiff, it was their duty to be satisfied that the crime of wilfully setting fire to the premises was as clearly brought home to him in the action, as would warrant the finding him guilty of the capital offence if he had been tried before them on a criminal charge. The court of common pleas was of the opinion that this direction was correct, though they granted a new trial on another ground.
It appears to us that this case is contrary to the authorities, and cannot be sustained on principle. Manifestly the position of a claimant in the one case, and of a prisoner in the other, is quite different. PrimaJade evidence will establish a claim in a civil case, in the absence of all rebutting proof; and in
We are of the opinion that the instruction of the cotirt was erroneous and was calculated to mislead the jury on a material point, and therefore the judgment must be reversed and a new trial ordered.