Poncino

This is an action upon a policy of insurance insuring the life of Eugcno Poncino against death resulting from accident occasioned by “the wrecking of any private passenger motor-driven car (motorcycle not included) in which the insured is riding or driving, or by being accidentally thrown from such wrecked motor-driven ear.” The policy was payable to the estate of the insured. While it was in force his death was caused by injuries due to his having been thrown to the pavement in a collision between an automobile which he was driving and another car and in which his car was wrecked.

The complaint alleged that the automobile driven by the insured was “a private passenger motor-driven car.” The allegation was denied by the defendant, and this was the only issue litigated at the trial. A jury returned a verdict for the plaintiff and from the judgment entered thereon the defendant has appealed.

As grounds for reversal it is urged that the implied finding that the automobile in question was “a private passenger motor-driven car” is unsupported, and that the trial court erred in denying defendant’s motion for a nonsuit and in certain of its instructions to the jury.

It was testified…