Lynch v. Metropolitan Life Insurance

Opinion by

Mr. Justice Jones,

The refusal of motions for a judgment non obstante veredicto or, in the alternative, a new trial in an as*420sumpsit action based upon a life insurance policy is challenged on this appeal.

Important to a determination of one phase of this appeal, a recital of certain facts is necessary.

Jarman Lynch (Lynch), 21 years of age and with a very limited educational background, in the early part of 1958 noticed a “fullness in his right testicle”. On August 25, 1958, he consulted a doctor who referred him to the University of Pennsylvania Surgical Clinic which he attended, first…