Hurst v. Federal Life Insurance

After a painstaking examination of the evidence in this case, we are satisfied that the evidence fails to show that the plaintiff was incapacitated to perform substantial!)' all of the usual and customary duties of his occupation, and therefore that he was totally disabled within the meaning of the law. It may be observed that when this case was formerly before this court (43 Ga. App. 840, 160 S. E. 533), the court, upon a state of facts substantially the same as is here presented, reached the conclusion that total disability was not shown. While the charge of the judge to the jury was…