MARYLAND CASUALTY CO. v. BEEBE

No. 478.

54 F.2d 743 (1931)

MARYLAND CASUALTY CO. v. BEEBE.

Circuit Court of Appeals, Tenth Circuit.

December 24, 1931.


Attorney(s) appearing for the Case

Robert L. Judd, of Salt Lake City, Utah (Emmett M. Bagley, Paul H. Ray, and A. H. Nebeker, all of Salt Lake City, Utah, on the brief), for appellant.

Henry D. Moyle, of Salt Lake City, Utah (Robert C. Wilson, of Salt Lake City, Utah, on the brief), for appellee.

Before COTTERAL and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.


McDERMOTT, Circuit Judge.

This is an action at law upon an accident insurance policy. The case was tried to a jury, but at the conclusion of the evidence there was no dispute as to the facts on two decisive issues. The defendant moved for an instructed verdict, and, while the plaintiff made no such motion formally, her counsel did advise the court that he did not see any question of fact to be submitted to the jury. Thereupon the trial court directed a verdict for...

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