DAVIS v. JOHN HANCOCK MUT. LIFE


64 Misc.2d 791 (1970)

Beatrice Davis, Plaintiff, v. John Hancock Mutual Life Insurance Company, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

December 24, 1970


Attorney(s) appearing for the Case

Sobel, Ross & Fliegel (Stanley Sobel of counsel), for plaintiff. Friend, Post & Hopkins (Donald J. Harman of counsel), for defendant.


IRVING YOUNGER, J.

In many, if not most, civil cases, the jury does what Adam did on naming-day in Eden. One imagines him confronted by the fact — a creature like a mountain top with a voice like a typhoon — and by an assortment of possible words for that fact — "rabbit," perhaps, or "grasshopper" or "elephant." Adam chose the one that fit, and "that was the name thereof." (Genesis 2:19.) So a jury confronts the fact — a

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