Opinion
No. 6572.
March 18, 1938. Rehearing Denied May 31, 1938.
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; William H. Kirkpatrick, Judge.
Suit by Laura H. Herold against the Prudential Insurance Company of America to recover on a life insurance policy on the life of plaintiff's husband who, when last seen, had been swimming in the sea at some distance from the shore line. Judgment for plaintiff, 23 F. Supp. 424, and defendant appeals.
Judgment affirmed.
Frederick J. Shoyer, Kendall H. Shoyer, and Andrew C. Dana, all of Philadelphia, Pa., for appellant.
Wilhelm F. Knauer and J. Kennard Weaver, both of Philadelphia, Pa., for appellee.
Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.
In the court below Laura H. Herold brought, as beneficiary, suit against the Prudential Insurance Company on its policy on the life of her husband, who, as she alleged, was accidentally drowned some seven months past. At the trial defendant asked for binding instructions in its favor, which request was denied. The jury having found for plaintiff, defendant moved for judgment n.o.v. in its favor. This having been denied, defendant took this appeal.
The proofs in the case were discussed in detail by the trial judge in his opinion refusing judgment n.o.v. and declining to grant a new trial. Reference thereto saves needless repetition, and as we find no error on the part of the judge either in refusing to enter judgment n.o.v. for defendant or in his rulings during the trial, the judgment in favor of the plaintiff is affirmed.