[Download] "Wise v. United States" by Fifth Circuit Circuit Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Wise v. United States
- Author : Fifth Circuit Circuit Court Of Appeals
- Release Date : January 25, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This appeal is from an instructed verdict. Plaintiff, suing on a war risk insurance policy, was unable to make out a case which in the opinion of the trial court entitled him to have a jury verdict on his claim that in 1919, when he paid his last premium, he was totally and permanently disabled within the meaning of his policy. He claims here that the conclusion which the District Judge reached was a conclusion, not of law, but of fact. That the case was taken from the jury to be decided on its facts by the judge. As evidence of this, he points to the memorandum opinion filed by the court on the motion for new trial. In this opinion, citing Long v. American Ry. Express Co. (C.C.A.) 30 F.2d 571, the District Judge stated in substance that he had instructed the verdict because, convinced that plaintiff did not become totally and permanently disabled while the policy was in force, he could not approve a verdict for him. We do not think the judge meant to say that he instructed the verdict because he disbelieved the testimony of plaintiff, or because of his view of the weight of the evidence. Whatever moved him, however, to instruct is not controlling here, for, if the evidence was such that reasonable minds could draw a conclusion from it in plaintiffs favor, the case must be reversed, while, if it is not, it must be affirmed. The record shows that the District Judge gave most careful consideration to the controlling question in this case, whether there was any evidence to take it to the jury. He declined to instruct at the close of plaintiffs case. It was only after the defendant had closed and renewed its motion that he did so. At that time, while he did state that upon the authority of the Long Case he regarded it as his duty to instruct a verdict for the defendant in cases where he would not permit one to stand if it was found for the plaintiff, he added that, viewing the testimony in the light most favorable to plaintiff, he was convinced that as a matter of law, he had not made out a case. Reid v. Maryland Casualty Co. (C.C.A.) 63 F.2d 10.