Smith v. Cleveland Life Insurance

Ohio Supreme Court December 23, 1919

Smith v. Cleveland Life Insurance, 100 Ohio St. (N.S.) 546 (Ohio 1919)

Johnson, Matthias, Merrell, Nichols, Robinson, Wanamaker

Opinion of the Court

This court finds on authority of Gibbs v. Village of Girard, 88 Ohio St., 34, that this cause should have been submitted to the jury and that the court erred in instructing the jury to find a verdict in favor of the defendant.

It is,- therefore, ordered and adjudged by this court that the judgment of the said court of 'appeals be, and the same hereby is, reversed.

Judgment reversed.

Nichols, C. J., Johnson, Wanamaker, Robinson and Merrell, JJ., concur. Matthias; J., not participating.

Reference

Full Case Name: Smith, Admr. v. The Cleveland Life Insurance Co.
Status: Published
Syllabus: Directed verdict — Error to order same, when — Question of fact — Cause of death of insured — Accident insurance.