Skala v. New York Life Ins.

Citations

• 24 N.M. 78
• 172 P. 1046

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence examined, and held, that trial court should have directed a verdict for appellant, and that the evidence is insufficient to sustain the verdict and judgment.</p> <p>P. 79</p> <p>2. Where the court, in its instructions, assumes the existence of proof of facts sought to he established by evidence excluded by the court, the party thus obtains all the benefit which he could have derived from the admission of such evidence, and the error in excluding such evidence, if error it be, is rendered harmless.</p> <p>P. 81</p> <p>3. Evidence examined, and held, that proof of fact that blank forms of proof of death were delivered to a physician by the local agent of the insurance company was improper, in that such evidence was irrelevant.</p> <p>P. 82</p> <p>4. Where mere descriptive language is inadequate to convey to the jury the precise .facts, witness may state his opinion thereon.</p> <p>P. S3</p> <p>5.Evidence tending to show suicide or the motive of the insured in killing himself is admissible.</p> <p>P. £3</p>