Evans v. United States

CAYANAH, District Judge. •

At the close of all the evidence, the defendant requested the court to direct a verdict in its favor, which was granted. The plaintiff now moves for a new trial, and his principal assertion is that, while the policy was in force, he became totally and permanently disabled, and that there was substantial evidence to warrant the submission of that question to the jury. One other ground is urged in the motion, that Dr. Stewart should have been permitted to have given his expert opinion upon the hypothetical question.

Although not tenable, on the argument and in counsel’s…