Commonwealth Casualty Co. v. Spohn

The plaintiff in error was the defendant below, and the defendant in error was the plaintiff. Hereafter, in this opinion, the parties will be referred to as they stood in the common pleas court.

Plaintiff, W. M. Spohn, brought suit to recover on an accident policy issued to him by defendant, claiming the sum of $5,500, with interest, less a credit of $1,900, for 50 consecutive months total disability, which was caused by a kick from a horse, resulting in a broken leg.

The cause was submitted to a trial judge in the common pleas court. By agreement of parties and counsel, a jury was waived. The…