Oglesby v. Massachusetts Accident Co.

Judgment and order reversed on the facts, and a new trial granted, costs to abide the event, upon the ground that the answer of the jury, in their special verdict, to the first question submitted to them, viz.: “ Was the plaintiff suffering from syphilis on June 15, 1920, the date of the application for insurance herein? A. No,” was contrary to the evidence. Kelly, P. J., Rich, Jaycox and Manning, JJ., concur; Young, J., dissents.