Campbell v. Preferred Mutual Accident Ass'n

Citations

• 172 Pa. 561
• 33 A. 564
• 1896 Pa. LEXIS 810

Syllabus

<p>Insurance — Accident insurance — Notice of injury — Evidence.</p> <p>In an action against an accident insurance company, where defendant claims that no notice of the injury was sent within ten days as required by the policy, if the plaintiff swears positively in his examination in chief that the notice was sent within the ten days, the case is for the jury, although the plaintiff’s testimony on cross-examination is confused and contradictory.</p> <p>Practice, G. P. — Trial—Evidence.</p> <p>If there are several facts in dispute and the establishment of all of them is essential to the maintenance of the suit, the defendant who questions the sufficiency of the evidence to support the plaintiff’s claim as to one of them ought in his request for instructions to designate the fact to which his contention applies.</p>