Perkins v. Great Western Accident Ass'n

Citations

• 96 Kan. 553
• 152 P. 786
• 1915 Kan. LEXIS 432

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Accident Insurance — Death — Accident or Suicide? — Findings of Trial Court Conclusive. In an action by the beneficiary to recover the amount of an insurance policy where the only issue was whether the insured committed suicide, and on conflicting evidence the trial court sitting without a jury found for the defendant, the judgment can not be disturbed-^-following Martin v. Hoffman, 77 Kan. 185, 93 Pac. 625 and Heath v. Life Association, 89 Kan. 634, 132 Pae. 147.</p> <p>2. New Trial — Motion Filed Too Late — Scope of Review. Failure to file a motion for a new trial within three days does not necessarily require an appeal to be dismissed. It may merely limit the scope of the review.</p>