United States v. McRae

Fourth Circuit

United States v. McRae

77 F.2d 88, 1935 U.S. App. LEXIS 4499

CourtCourt of Appeals for the Fourth Circuit

DecidedApril 12, 1935

DocketNo. 3801

StatusPublished

Cited by1 cases

This text of 77 F.2d 88 (United States v. McRae) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. McRae, 77 F.2d 88, 1935 U.S. App. LEXIS 4499 (4th Cir. 1935).

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Opinion

PER CURIAM.

This is an appeal in a war risk insurance case. The policy expired on July 1, 1919, and insured died as the result of a gunshot wound in August, 1920. There is evidence from which the conclusion can be drawn that insured was suffering from tuberculosis while his policy was in force; hut it is not established that the disease at that time had reached such a stage as to constitute total and permanent disability. Plaintiff relies on the expert testimony of two physicians; but neither of these ever saw the insured, and their testimony is entirely, too speculative to constitute the basis of a verdict. There was testimony that, between July, 1919, and August, 1920, insured had night sweats, spitting of blood, hoarseness, and other symptoms of tuberculosis; but there is no evidence that the disease had reached such stage pri- or to July 1, 1919, that with proper treatment insured might not have recovered from it. A verdict must be based on evidence, not on speculation or conjecture.

Reversed.

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PER CURIAM.

This is an appeal in a war risk insurance case. The policy expired on July 1, 1919, and insured died as the result of a gunshot wound in August, 1920. There is evidence from which the conclusion can be drawn that insured was suffering from tuberculosis while his policy was in force; hut it is not established that the disease at that time had reached such a stage as to constitute total and permanent disability. Plaintiff relies on the expert testimony of two physicians; but neither of these ever saw the insured, and their testimony is entirely, too speculative to constitute the basis of a verdict. There was testimony that, between July, 1919, and August, 1920, insured had night sweats, spitting of blood, hoarseness, and other symptoms of tuberculosis; but there is no evidence that the disease had reached such stage pri- or to July 1, 1919, that with proper treatment insured might not have recovered from it. A verdict must be based on evidence, not on speculation or conjecture.

Reversed.

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Bluebook (online)

77 F.2d 88, 1935 U.S. App. LEXIS 4499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mcrae-ca4-1935.

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