34 Iowa 222 | Iowa | 1872
The policy, which is the foundation of this action, contains a condition to the effect that in case the party whose life is therein insured, James A. Miller, shall die “by reason of intemperance from the use of intoxicating liquors,” the instrument shall be void and of
Upon the issue presented by the defense just stated, evidence was introduced by the parties and the cause was submitted to the jury, who were instructed to the effect that, in case they found Miller died from the intemperate use of intoxicating liquors, their verdict should be for defendant. They were also informed, by, the court, that the burden of proof upon this defense rested upon defendant, and that it was not necessary for them to be satisfied beyond a doubt of the fact of Miller’s death from intemperance, but a preponderance of proof to that effect would authorize them to find for defendant. In addition to the general verdict for plaintiff, the jury returned special findings in answer to interrogatories, in substance, that Miller did not die by reason of intemperance, from the use of intoxicating liquors, but that the cause of his death was congestion of the lungs and brain. Amotion to set aside the verdict, on the ground that it is contrary to the evidence, was overruled. This ruling constitutes one of the grounds of the assignment of errors, and is the only one that need be considered by us.
The correctness of the instruction of the court below upon the point of law above stated is not questioned by appellant’s counsel. Our duty will be fully discharged in passing upon the verdict viewed in the light of the evidence before the jury.
In our opinion the verdict cannot be sustained; it is palpably and grossly in conflict with the evidence, and could only have been rendered under the influence of passion or prejudice. Upon the, question involving the cause of the death of Miller, the testimony points but one
Upon evidence of this character the jury based their special finding, that Miller did not die from intemperance, and their general verdict for plaintiff. These findings ought not to have been permitted to stand by the court below. For the error in overruling defendant’s motion for a new trial, on the ground that verdict is contrary to the evidence, the judgment of the circuit court is
Reversed.