Guarantee Trust Life Ins. Co. of Chicago, Ill. v. Brown

GOODWYN, Justice.

Suit on a school child accident insurance policy.

The appeal is by defendant from a judgment (as reduced by the trial court from $2,500 to $1706.15 on motion for new trial) rendered on a jury verdict in favor of plaintiff and also from the judgment overruling defendant’s motion for a new trial.

Three questions are presented: I. Whether defendant’s demurrer to the complaint was properly overruled. II. Whether it was error to refuse defendant’s requested affirmative charge based on a variance between the allegations and the proof. III. Whether the evidence was sufficient to…