Commonwealth Life Ins. Co. v. Clark

RICE, Judge.

The action is to recover the death benefit claimed under a policy of life insurance issued without medical examination’. •

The record sent up here discloses that the case has been tried three times. Upon each of the first two trials plaintiff (appellee) recovered judgment which was set aside by the court, presumably, or so far as is indicated, on' the ground that the verdict upon which same was based was opposed to the great weight of the evidence.

The trial judge refused to set aside the verdict, etc., upon "the instant trial, and-this appeal follows. We do not see that we are…