Creagh v. Equitable Life Assurance Society of the United States
Creagh v. Equitable Life Assurance Society of the United States
Opinion of the Court
This action was brought by the appellant against the respondent, The Equitable Life Assurance Society, upon a written contract of employment by the respondent as its general agent for the Province of British Columbia. At the close of the appellant’s testimony, the respondent interposed a challenge to the legal sufficiency
Under the uniform decisions of this court there has been no deprivation of a constitutional right of trial by jury in this case. There is no conflict in the testimony, for the testimony is that offered by the appellant only. The construction of a written contract is a question of law for the court, and not a question of fact to be decided by a jury, because there are no questions of fact controverted; and we have always decided that if as a matter of law the undisputed testimony of the plaintiff does not establish a legal claim the court is warranted in taking the case from the jury, or of directing a verdict for the defendant. This being true, as we construe the contract, the plaintiff could not under any circumstances have obtained a judgment. It follows that the court committed no .error in the judgment rendered.
Affirmed.
Reference
- Full Case Name
- John Creagh v. The Equitable Life Assurance Society of the United States
- Cited By
- 1 case
- Status
- Published
- Syllabus
- TRIAL — DIRECTING VERDICT. Wihere plaintiff’s action is founded upon a written contract, whose construction is a matter of law for the court, the withdrawal of the case from the jury at the close of plaintiff’s case and directing a verdict for defendant, there being no conflict in the testimony at that time, is in no sense a deprivation of the constitutional right of trial by jury.