Legal Opinion

Reiff v. Interstate Business Men's Accident Ass'n

Supreme Court of Arkansas

Decided February 5, 1917PublishedCited by 6 opinions

Appeal from Lonoke Circuit Court; W. H. Pemberton, Special Judge; 1. The finding of the jury is inconsistent. The evidence shows plaintiff was totally disabled from work. The jury found that Ms disability was not from sypMlis. A new trial should have been granted. Kirby’s Digest, § 6208; 84 Ark. 359. 2. The verdict is contrary to the evidence.

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Appeal from Lonoke Circuit Court; W. H. Pemberton, Special Judge; 1. The finding of the jury is inconsistent. The evidence shows plaintiff was totally disabled from work. The jury found that Ms disability was not from sypMlis. A new trial should have been granted. Kirby’s Digest, § 6208; 84 Ark. 359. 2. The verdict is contrary to the evidence. Every witness testified that plaintiff was totally incapacitated from the date of the injury to the date of the trial from performing any of the duties of bank cashier. The jury found that he was not suffering from syphilis or any nervous disease. He…

1Opinion of the CourtSmith, J.

Appellant had a policy of accident insurance, with the appellee insurance company, which contains the standard provision of such policies with reference to total disability. On .October 1, 1914, while the policy was in effect, he was knocked down and run over by an automobile, and in his suit against appellee, which was based upon his policy, he alleged that he had not since been able to attend to his occupation as a bank cashier and was permanently disabled. The policy provided for liability for a period of not exceeding 200 weeks, and in his suit appellant sought to recover this…

2Cases cited5 opinions

  1. Capps v. StateSupreme Court of Arkansas · 1913
  2. St. Louis, I. M. & S. R. R. v. CantrellSupreme Court of Arkansas · 1881
  3. Green v. StateSupreme Court of Arkansas · 1898
  4. Arkansas Southwestern Railroad v. WingfieldSupreme Court of Arkansas · 1910
  5. Griffith v. MosleySupreme Court of Arkansas · 1902

3Cited by6 opinions

  1. Scott v. ShairrickSupreme Court of Arkansas · 1952
  2. Bailey v. StewartSupreme Court of Arkansas · 1963
  3. Kansas City Southern Railway Co. v. AkinSupreme Court of Arkansas · 1919
  4. Turner v. StateSupreme Court of Arkansas · 1917
  5. Norton v. HickingbottomSupreme Court of Arkansas · 1947

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