Travelers Insurance Co. v. Miller

For two reasons I dissent.

Of necessity, plaintiff made out her case by way of circumstantial evidence. She offered no direct evidence to prove that her husband, the insured, died prior to the expiration of the policy at midnight, December 19, 1959. If there were no direct evidence showing that he was alive subsequently to midnight on that date, the circumstantial evidence here would be enough to authorize the verdict. But the defendant offered two witnesses who testified positively that they saw the insured alive after midnight on December 20. One of the witnesses, Ghandi, testified by…