Way v. Pacific Mut. Life Ins. Co. of California

The opinion of the Court was delivered by

Mr. Justice Bonham.

We compile from the statement in the record, the pleadings, and testimony the following account of the facts out of which this litigation arose:

The respondent was insured in the appellant company under a life policy, which also carried a total disability clause. 'October 1, 1935, respondent brought action against appellant to recover for alleged total disabilities, and on trial of the case had a verdict in his favor. This appeal followed.

The compaint alleged that plaintiff became totally and permanently disabled on October 1, 1927,…