United States v. Dunaway

Fifth Circuit

United States v. Dunaway

64 F.2d 535, 1933 U.S. App. LEXIS 4143

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 13, 1933

DocketNos. 6714, 6715, 6823

StatusPublished

This text of 64 F.2d 535 (United States v. Dunaway) 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

United States v. Dunaway, 64 F.2d 535, 1933 U.S. App. LEXIS 4143 (5th Cir. 1933).

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Opinion

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.

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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.

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64 F.2d 535, 1933 U.S. App. LEXIS 4143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-dunaway-ca5-1933.

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