MUSTARD v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY

No. 36760.

157 N.W.2d 865 (1968)

183 Neb. 15

Dorothy K. MUSTARD, Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Corporation, Appellant.

Supreme Court of Nebraska.

April 5, 1968.


Attorney(s) appearing for the Case

Wagoner & Grimminger, Grand Island, for appellant.

Philip T. Morgan, Fullerton, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


WHITE, Chief Justice.

Plaintiff recovered a jury verdict and judgment for $5,000 as beneficiary of a policy insuring against accidental death. Defendant, asserting suicide by the deceased insured, appeals. We affirm the judgment.

Defendant assigns error in the district court's failing to direct a verdict because of the insufficiency of the evidence.

Deceased insured was killed by the engine of a nonscheduled freight train while he was standing or walking...

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