220 A.D. 199 | N.Y. App. Div. | 1927
Plaintiff in an action upon a policy of accident insurance has had judgment for the principal sum fixed in the policy for the loss by accident of the “ entire sight of one eye.” The policy also obligated the defendant in the event that none of a list of specific losses was suffered by the plaintiff, but that the plaintiff none the less should suffer a “ continuous total disability ” and be prevented from performing “ any and every duty pertaining to his occupation,” to pay him a weekly indemnity of $100 per week. By the policy the plaintiff was insured in the principal sum of $30,000 and for a weekly indemnity of $100.
The evidence justified the finding of the jury that the plaintiff suffered the loss of the entire sight of one eye by accident. The serious question on this appeal is whether there should have been
The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.
Dowling, P. J., Merrell and O’Malley, JJ., concur; Martin, J., dissents.
Judgment reversed and new trial ordered, with costs to the appellant" to abide the event.