Maryland Casualty Co. v. Beebe

McDERMOTT, Circuit Judge.

This is an action at law upon an accident insurance policy. The case was tried to a jury, but at the conclusion of the evidence there was no dispute as to the facts on two decisive issues. The defendant moved for an instructed verdict, and, while the plaintiff made no such motion formally, her counsel did advise the court that he did not see any question of fact to be submitted to the jury. Thereupon the trial court directed a verdict for the plaintiff. We think the parties submitted the case to the court for its decision; we see nothing of substance to go to the…