ORDER OF UNITED COMMERCIAL TRAVELERS v. EDWARDS

No. 389.

51 F.2d 187 (1931)

ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA, Inc., v. EDWARDS.

Circuit Court of Appeals, Tenth Circuit.

June 27, 1931.


Attorney(s) appearing for the Case

P. C. Simons, of Enid, Okl., and E. W. Dillon, of Columbus, Ohio (Simons, McKnight, Simons & Mitchell, of Enid, Okl., on the brief), for appellant.

C. F. Dyer, of Enid, Okl., and Stephen C. Treadwell, of Oklahoma City, Okl. (Dyer, Smith & Crowley, of Enid, Okl., on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

The appellee recovered on an accident insurance policy. The appellant assigns as error that the court should have directed a verdict for appellant, and that there was error in the charge to the jury. The controversy narrows to one proposition, for if the theory upon which the trial court declined to direct a verdict is sound, then the charge to the jury is sound. We take up the question of whether the court should have directed a verdict...

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