Pennsylvania Casualty Co. v. Mitchell
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. O. W. Ferguson. Action by Shaler A. Mitchell against the Pennsylvania. Casualty Company. From a judgment for plaintiff, defendant appeals. In 2 Mayfield's Digest, pp. 572-3 (199) it is said: “A charge which assumes a fact to be proved, without refering to the jury the credibility of the evidence offered to prove it, and whether, if credible, it proves the fact, is an invasion of the province of the jury.
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Appeal from Birmingham City Court. Heard before Hon. O. W. Ferguson. Action by Shaler A. Mitchell against the Pennsylvania. Casualty Company. From a judgment for plaintiff, defendant appeals. In 2 Mayfield's Digest, pp. 572-3 (199) it is said: “A charge which assumes a fact to be proved, without refering to the jury the credibility of the evidence offered to prove it, and whether, if credible, it proves the fact, is an invasion of the province of the jury. It is the province of the jury, not of the court, to find from the evidence, what is proved. The jury alone can determine the credibility…
1Opinion of the CourtSimpson, J.
— This action by the appellee against the appellant is on a policy insuring the plaintiff against disability from sickness, etc. Pleas 1 and 2 were in abatement, plea 3 was the general issue, and plea 4 a special plea reciting a clause in the policy to the effect that the company would not be liable except for sickness or disability commencing after the policy had been in force for 60 days, and that the sickness complained of origi*591nated before the expiration of the 60 days. Demurrers were sustained to pleas 1 and 2, while the demurrer to plea 4 was overruled; and issue was “joined thereupon.”…
2Cases cited2 opinions
- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1900
- Espalla v. Richard & SonsSupreme Court of Alabama · 1891
3Cited by3 opinions
- Hill v. HydeSupreme Court of Alabama · 1929
- Wooten v. Traders' Securities Co.Alabama Court of Appeals · 1926
- Aluminum Cooking Utensil Co. v. KentAlabama Court of Appeals · 1925