Schenck v. United States Health & Accident Insurance

142 N.Y.S. 1142 | N.Y. App. Div. | 1913

Judgment and order reversed and new trial granted in Corning City Court, with costs to appellant to abide event. Hew trial to be had on the sixteenth day of June, at ten A. M. Held, 1. That there was a breach of warranty respecting the plaintiff’s having been treated by a physician within the terms of the application. 2. That the finding of the jury that the injury was due to an accident to the car is contrary to and against the weight of the evidence. All concurred.