Boatright v. Georgia Casualty Co.

This is a suit by plaintiff in error to recover accident insurance from defendant in error in some sum not obtainable from the prayer, except, perhaps, by a calculation. The parties to this writ of error will be called plaintiff and defendant for brevity.

The evidence was heard by court and jury, and, after hearing it, the court instructed the jury to return a verdict for defendant. The instruction to the jury was as follows:

“Because the court is of the opinion that the undisputed evidence in this case shows that the injury received by plaintiff, and which is complained of in this case, was…