LaBris v. Western National Insurance

*741Lovxns, President,

dissenting in part and concurring in part:

I concur in the reversal of the judgment in this case, upon the ground that it was error to give plaintiff’s instruction No. 2 over the objection of the defendants; but I respectfully dissent from the reasoning that the evidence is insufficient to sustain the verdict. I think point 1 of the syllabus states a correct abstract principle of law, but, in my opinion, it is fallacious to apply that principle to the evidence in the instant case, and, in so doing, I think the Court is, in effect, passing on the weight of the evidence and the…