Royal Ins. Co., Limited v. Martinolich

Fifth Circuit

Royal Ins. Co., Limited v. Martinolich

179 F.2d 704, 1950 U.S. App. LEXIS 2257

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 6, 1950

Docket12949

StatusPublished

Cited by5 cases

This text of 179 F.2d 704 (Royal Ins. Co., Limited v. Martinolich) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Royal Ins. Co., Limited v. Martinolich, 179 F.2d 704, 1950 U.S. App. LEXIS 2257 (5th Cir. 1950).

Pincite

Opinion

*705 PER CURIAM.

As the appellant did, in Home Insurance Co. of New York v. Sherrill, 5 Cir., 174 F.2d 945, this appellant comes here complaining solely of the insufficiency of the evidence to support a verdict and judgment that plaintiff was entitled to a recovery under the policy.

Here, as there, appellant urges that the testimony of the plaintiff, that before any water damage took effect, the damage to the full amount insured had already been done by the wind, is not only refuted by all the other testimony, but made incredible by the undisputed facts, so that it cannot support the verdict.

Here, as there, we hold that the question upon the record was a question of fact for the jury, and that the judgment must be

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI