For Your Data Aetna Casualty In Addition To Surety Co V. Yeatts Illustration Brief Summary

Aetna Casualty in addition to Surety Co v. Yeatts representative brief

Ct of Appeals, 1941 (1112) 

Posture: the Second trial, I don’t know what the kickoff trial was. Jury verdict for the accused (they decided he is non guilty of whatsoever criminal conduct) in addition to then I gauge he gets to drib dead on his money. Ct of Appeals affirmed for the defendant. 

Facts: Suit originally instituted to become a declaratory judgment on coverage of insurance. The fellowship denied whatsoever liability due to a criminal abortion at the fourth dimension of liability in addition to that such liability was excluded from policy coverage. Jury verdict decided if accused Yeatts was getting an abortion at the time, in addition to the jury said that she was not, in addition to then accused won. Some show that plaintiff should convey won but the accused was constitute to last credible past times the jury. Plaintiff didn’t displace for a directed verdict in addition to did non challenge the defendant’s show until subsequently the trial. New trial in addition to jnov denied. 

Reasoning: Judge has the mightiness to gear upwards aside the verdict in addition to grant a novel trial if he is of the thought that verdict is against the clear weight of the show or based on fake evidence, or upshot inwards miscarriage of justice, fifty-fifty though at that topographic point may last substantial show which would preclude the direction of a verdict. The courtroom said that this mightiness is historic in addition to is at that topographic point to secure the jury organization in addition to to halt an intolerable tyranny inwards the court. 

The touchstone for a novel trial requires that at that topographic point is NO substantial show inwards back upwards of a plaintiff’s case. If at that topographic point is substantial evidence, the justice is non allowed to WEIGH the evidence, but he is allowed to gear upwards aside a verdict supported past times substantial show where it is reverse to the clear weight of show or if show is completely false. The appeal of a novel trial verdict is non allowed. There are solely particular circumstances where it tin last appealed in addition to this ane is non in addition to then fifty-fifty if at that topographic point is around show that trial justice could properly convey granted the novel trial motion. 

Support this site by:•Visiting: http://www.fbdetox.com to rid yourself of that social media addiction.
•Checking out our shop on Etsy: http://www.bohobuttons.com

Share this post