Hibbs v. United States Fidelity & Guaranty Co.

Mr. Presiding Justice Gridley

delivered the opinion of the court.

In an action in assumpsit, commenced on November 3, 1927, and based upon defendant’s policy of accident insurance, there was a trial before a jury in June, 1930. At the conclusion of plaintiff’s evidence the court instructed the jury to return a verdict in defendant’s favor, which wras done, and judgment was entered against plaintiff for costs. She sued out the present writ of error to reverse the judgment and the main question is whether, under the provisions of the policy and plaintiff’s evidence, the court erred in so…