Horn v. Travelers Ins.

HULEN, District Judge.

This action, on an accident insurance policy, by the beneficiary of the insured deceased, was submitted to a jury on interrogatories. The jury failed to agree on answers. Sufficiency of the record to make a submissible case is now challenged by defendant’s motion for judgment under Rule 50 of Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The policy contract provided for death benefit, if insured should sustain injuries through accidental means, and thereafter be continuously and totally disabled as a result of such injuries to the time of death,…