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New York Life Ins. Co. v. Dyller

Circuit Court of Appeals, Third Circuit
Jan 10, 1931
45 F.2d 1016 (3d Cir. 1931)

Opinion

No. 4388.

January 10, 1931.

Appeal from the District Court of the United States for the District of New Jersey; William Clark, Judge.

Wall, Haight, Carey Hartpence, of Jersey City, N.J. (Wm. H. Carey, of Jersey City, N.J., of counsel), for appellant.

Lichtenstein, Schwartz Friedenberg, of Hoboken, N.J. (John H. Kelley, of Hoboken, N.J., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


In this case the insurance company conceded its liability for the death of the deceased, but denied liability for double indemnity in case death resulted from accident. The issue before the jury narrowed to the question whether the deceased committed suicide by driving his automobile over a precipice, and the question on this appeal is whether the trial court erred in refusing to give binding instructions to the jury to find for the company. No principle of law is involved, and the case turns on its own particular proofs. After a careful study of such proofs by each Judge singly and a full discussion at conference, the court is of opinion the proofs were such that the issue involved had to be submitted to the jury.

Accordingly, the judgment below is affirmed.


Summaries of

New York Life Ins. Co. v. Dyller

Circuit Court of Appeals, Third Circuit
Jan 10, 1931
45 F.2d 1016 (3d Cir. 1931)
Case details for

New York Life Ins. Co. v. Dyller

Case Details

Full title:NEW YORK LIFE INS. CO., Appellant, v. Anna DYLLER, Appellee

Court:Circuit Court of Appeals, Third Circuit

Date published: Jan 10, 1931

Citations

45 F.2d 1016 (3d Cir. 1931)