146 Minn. 222 | Minn. | 1920
Action to recover on a policy of insurance insuring plaintiff’s automobile against loss through a collision. The court directed a verdict for the plaintiff, .leaving to the jury the assessment of damages. The defendant appeals from the judgment entered on the verdict.
(1) That the plaintiff was illegally engaged in the transportation of intoxicating liquor and therefore cannot recover on the policy.
(2) That the use made of the automobile was not such that it is liable within the terms of the policy.
(3) That the damages are excessive.
We dispose of the first point, as did the trial court, by holding that a use of the automobile in violation of the law is not shown, and we do not inquire what effect such a violation would have upon the policy of insurance.
We have scanned the evidence carefully. The verdict might better have been for $200 or $300 less, and it might have 'been reduced by that amount. We cannot hold it excessive and a discussion would not be useful.
Judgment affirmed.