Ramsey v. Federal Life Insurance

Pee Oubiam.

Since the charge of the court is not contained in the record, it is presumed to be free from error. The assignments of error based upon the court’s refusal to grant the defendant’s motion to dismiss the action as of nonsuit cannot be sustained, since the evidence was ample to support the verdict.

The evidence to the effect that the plaintiff had undergone an operation in the year 1931, prior to the disability alleged in the complaint which the defendant makes the basis of certain exceptive assignments of error, was clearly competent for the purposes for which it was admitted, namely, to corroborate the witnesses who had testified that this plaintiff was sick, and to aid the jury in determining whether the plaintiff was totally and permanently disabled at the later time. The assignments of error based upon the ruling of the court that the witness I. N. McLean was a medical expert and permitting him to give an opinion as to the physical condition of the plaintiff are untenable, as the finding of the court that the witness was an expert, since it was based upon sufficient evidence, is conclusive.

This case presents no novel proposition of law and no good purpose can be served by further or more detailed discussion of the assignments of error.

Affirmed.