Legal Opinion
United States v. Flippence
Court of Appeals for the Tenth Circuit
Decided August 15, 1934No. 983PublishedCited by 12 opinions
1Opinion of the Court
McDERMOTT, Circuit Judge.
A jury, fairly instructed, found appellee became totally and permanently disabled on or before May 31, l&líh The only error argued is that a verdict should have been directed for appellant. Under the well-settled rule of the common law, our inquiry is whether, assuming the truthfulness of testimony adduced by appellee, there is substantial evidence of such total and permanent disability during the life of the policy. We cannot review the facts as on an equity appeal, for Congress has provided for the trial of these cases at law, and the Seventh Amendment to the…
2Cases cited16 opinions
- Lumbra v. United StatesSupreme Court of the United States · 1934
- Nicolay v. United StatesCourt of Appeals for the Tenth Circuit · 1931
- Shannon v. Shaffer Oil & Refining Co.Court of Appeals for the Tenth Circuit · 1931
- Southern Pacific Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- Maloney Tank Mfg. Co. v. Mid-Continent Petroleum Corp.Court of Appeals for the Tenth Circuit · 1931
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Zahn v. HudspethCourt of Appeals for the Tenth Circuit · 1939
- United States v. HollandCourt of Appeals for the Ninth Circuit · 1940
- United States v. HillCourt of Appeals for the Ninth Circuit · 1938
- Sprow v. United StatesCourt of Appeals for the Seventh Circuit · 1938
- Muth v. United StatesCourt of Appeals for the Fourth Circuit · 1935
7 more not listed; retrieve them via the Exa API.