Waitsman v. Northwestern National Insurance

Citations

• 77 Pa. Super. 593
• 1921 Pa. Super. LEXIS 324

Syllabus

<p>Practice, G. P. — Disputed question of fact — Acceptance of insurance contract — Question for jury.</p> <p>In an action upon an insurance contract, wherein the only question for trial was whether or not defendant had accepted the application for the insurance, and the evidence which consisted of admissions, set forth in the pleadings, and oral testimony, was conflicting, the court could neither give binding instructions for the defendant, nor direct a verdict for the plaintiff. It was the function of the jury to find the fact. The question having been properly submitted to the jury and there being no suggestion of any other reversible error, a verdict for the plaintiff will be affirmed.</p>