McKneely v. Brotherhood of American Yeomen
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Eat SteveNS, Circuit Judge. Tbis is an action to recover upon two benefit certificates of $1,000 each, issued at Wellington, Kansas, by the respondent, a mutual benefit association organized under the laws of Iowa, upon the lives of Theodore McKnelly and Ida P, Mc-Knelly, respectively, in favor of each other. The McKnel-lys were husband and wife and the plaintiff Otto is their son.
Read the full summary
Appeal from a judgment of tbe circuit court for Dane county: E. Eat SteveNS, Circuit Judge. Tbis is an action to recover upon two benefit certificates of $1,000 each, issued at Wellington, Kansas, by the respondent, a mutual benefit association organized under the laws of Iowa, upon the lives of Theodore McKnelly and Ida P, Mc-Knelly, respectively, in favor of each other. The McKnel-lys were husband and wife and the plaintiff Otto is their son. The certificates-were both issued May 20, 1911. On the 24th of September, 1912, both of the insured persons were found murdered in a tent in the…
1Opinion of the Court
Winslow, O. J".
Tbe first and most important question in tbe case is tbe question whether tbe court rightly changed tbe answer to tbe second question in tbe verdict of tbe jury. This -question is to be considered in tbe light of two principles: (1) that tbe verdict of a jury is not to be set aside except in a case where there is no evidence in its support, or where tbe great weight of tbe evidence is against it and that weight is so reinforced by undoubted physical facts or by all tbe reasonable probabilities and inferences that it becomes overwhelming. Bannon v. Ins. Co. of N. A. 115 Wis.…
2Cases cited9 opinions
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- McDermott v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Bannon v. Insurance Co. of North AmericaWisconsin Supreme Court · 1902
- Hoover v. Royal Neighbors of AmericaSupreme Court of Kansas · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Blue Cross and Blue Shield v. HodurskiSupreme Court of Alabama · 2004
- Witt v. Realist, Inc.Wisconsin Supreme Court · 1962
- Demirjian v. New York Life InsuranceWisconsin Supreme Court · 1931
- August Schmidt Co. v. Hardware Dealers Mutual Fire InsuranceWisconsin Supreme Court · 1965
- McGinty v. Brotherhood of Railway TrainmenWisconsin Supreme Court · 1917
8 more not listed; retrieve them via the Exa API.