McEwen v. Occidental Life Insurance Co.
California Supreme Court
APPEAL from an order of the Superior Court of Los Angeles County granting a new trial, and from an order refusing to transfer the hearing of the motion for a new trial and the cause to another department, or to call- in another judge, and from two orders refusing to strike out certain portions of certain affidavits. J. P. Wood, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMelvin, J.
Plaintiff, who is the widow of Charles R. McEVen, brought this action upon an accident insurance policy upon the theory that deceased met his death by reason of an accidental fall. The defense was that the insured died, not as_ the result of accident, but of rheumatism and nephritis. The verdict was in favor of the plaintiff. Defendant moved for a new trial upon the minutes of the court. The notice of intention to make the motion specifies insufficiency of the evidence to justify the verdict; that the verdict was against law; and errors of law occurring at the trial and excepted to. The…
2Cases cited20 opinions
- Seymour v. OelrichsCalifornia Supreme Court · 1909
- Ex parte N. K. Fairbank Co.District Court, M.D. Alabama · 1912
- Gordon v. RobertsCalifornia Supreme Court · 1912
- State v. BohanSupreme Court of Kansas · 1877
- Empire Investment Co. v. MortCalifornia Supreme Court · 1915
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- People v. QuickeCalifornia Supreme Court · 1964
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