American Nat. Ins. Co. v. Rains

The chief issue of fact ■OH' the trial of this case was whether the ■assured, under whose policy plaintiff claims as beneficiary, was in sound health at the time the policy was delivered to him — that being an express condition to the validity and operation of the policy.

On this issue the trial court did not err in allowing several lay witnesses to testify that at and about the time in question the assured appeared to be healthy, this, not being deemed the expression of an opinion, hut the statement of a fact open to ordinary observation, as held in numerous cases. National Order, etc.,…