Smith v. Federal Life Ins.

ATWELL, District Judge.

The plaintiff is the surviving wife of John G. Smith, deceased, to whom the defendant issued a disability policy of insurance against death, “effected directly and independently of all other causes, through external, violent, and accidental means.” At the conclusion of the testimony both plaintiff and defendant move for an instructed verdict. In the opinion of the court a verdict for the plaintiff would have to be set aside. There is no substantial evidence on which the jury might properly render such a verdict.

Smith was 49 years of age. On the afternoon of March 27,…