Moyle v. Mutual Life Ins. Co. of N.Y.

Mr. Associate Justice Stukes

(dissenting) :

I regret that I do not agree that the issue presented by this appeal is properly determinable by the Court upon the evidence of the earnings of the insured; if it were, it would be a difficult case and I am not prepared to say that I would dissent from Mr. Justice Baker’s decision.

But in my view the appeal presents no such problem; it is only one of law, not of fact; was there evidence from which the jury could reasonably infer, as by their verdict they did, that plaintiff was disabled within the terms of the policies, in the light of the decisions of…