Brooks v. Brotherhood of American Yeomen
Supreme Court of Iowa
Appeal from Dallas District Court. — IIon. James D. Gamble, Judge. Action against defendant, a fraternal beneficiary association, to recover tbe benefit due under a certificate issued to one Walter L. Brooks, benefit payable to plaintiff, Ms wife. Verdict for defendant, wMeh was set aside on plaintiff’s motion for a new trial. Defendant appeals.
1Opinion of the CourtMcClain, J.
The defense which was sustained by the jury, seems to have been that of suicide, the evidence in support of which was circumstantial. This court interferes reluctantly with the action of the lower court in granting a new trial. In view of the fact that the trial court has heard the evidence as given, and has had opportunities to observe the effect of the evidence, it should exercise greater freedom in granting new trials for insufficiency of the evidence than will be exercised by this court on appeal. Dewey v. Railroad Co., 31 Iowa, 373; Cottage Organ Co. v. Caldwell, 94 Iowa, 584; Kern v.…
2Cases cited4 opinions
- Dewey v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
- Kern v. MaySupreme Court of Iowa · 1894
- Chicago Cottage Organ Co. v. CaldwellSupreme Court of Iowa · 1895
- Arctic King Refrigerator Co. v. KellySupreme Court of Iowa · 1895
3Cited by14 opinions
- Hall v. City of West Des MoinesSupreme Court of Iowa · 1954
- Morton v. Equitable Life InsuranceSupreme Court of Iowa · 1934
- Burke v. ReiterSupreme Court of Iowa · 1950
- In Re Estate of HollisSupreme Court of Iowa · 1944
- Porter v. Madrid State BankSupreme Court of Iowa · 1912
9 more not listed; retrieve them via the Exa API.