United States v. Dunaway

U.S. Court of Appeals for the Fifth Circuit
United States v. Dunaway, 64 F.2d 535 (5th Cir. 1933)
1933 U.S. App. LEXIS 4143

United States v. Dunaway

Opinion of the Court

FOSTER, Circuit Judge.

These three cases are appeals from judgments awarding recoveries on policies of war risk insurance. In each case a motion of defendant for a directed verdict was overruled, and error is assigned thereto. They may be conveniently disposed of in one opinion.

It would servo no good purpose to review the evidence. It is sufficient to say that in our opinion the plaintiffs have failed to support the burden of proving that the soldiers became totally and permanently disabled while the policies were in force. The cases are similar to that of U. S. v. Howard (C. C. A.) decided this day, 64 F.(2d) 533, and are ruled by the decision in that case. It was error to refuse to direct verdicts for defendants. The judgment in each ease is reversed, and the case remanded.

Reference

Full Case Name
United States v. John McDowell DUNAWAY, Appellee UNITED STATES of America v. Lizzie Virginia PRICE, a Married Woman, Joined by her Husband, Sebreen B. Price, and Edith Mae Price Johnson, as Administratrix of the Estate of Charles Erastus Price, Appellees UNITED STATES of America v. Rufus CORBIN
Status
Published