Kerkela v. Benefit Assn. of Railway Employees

Stone, Justice.

Action on accident and health insurance policy. After verdict for plaintiff, as for temporary total disability, defendant appeals from the order denying its alternative motion for judgment notAvith-standing or a new trial.

April o, 1932, plaintiff, Avhile employed by a constructing contractor, A. Guthrie & Company, as foreman, fell from a scaffold and suffered injury. He remained on the job until quitting time but did not work thq tAvo folloAving days, the sixth and seventh. He returned on the eighth and thereafter reported every day, including Sundays, for 56 consecutive days.…