Travelers Insurance Co. v. Miller

Hall, Judge.

The question of first importance, upon which depends the necessity to review all the others, is whether or not there is any evidence sufficient in law to- support the jury’s verdict that plaintiff’s husband, Ercell B. Miller, died before midnight December 19, 1959. The record contains no positive evidence supporting this conclusion. There is supporting circumstantial evidence, in the testimony of witnesses set out below. (We exclude from consideration for the moment the evidence opposing the conclusion).

The evidence showed that between 9 p.m., December 19, and 10 a.m., December…