Chrisman

Chrisman v. United States

Good Law
61 F.2d 673·1932 U.S. App. LEXIS 4375
United States Court of Appeals for the Ninth CircuitNovember 14, 1932No. 6851California654 words

Opinion

Lead Opinion

Wilbub, J.

Appellant, having failed to secure a verdict or judgment for recovery upon a war risk insurance policy, appeals from the judgment, and assigns as error the admission of certain testimony on behalf of the government, which he claims was prejudicially erroneous. The action was predicated upon the claim that the appellant was permanently and totally disabled during the life of the policy, which expired soon after his discharge. Appellant testified in support of his claim, and on cross-examination by the United States attorney was questioned as follows: “Q. By the way, the government has been paying you one hundred dollars a month?” to-which appellant objected as follows : “I object to any evidence of compensation on the ground that it is wholly immaterial, and has only one purpose, and that is *674 to prejudice the jury. It has absolutely nothing to do with the insurance, and can have no other possible purpose except to prejudice the jury.”

The court overruled the objection, stating: “I think that, under all the circumstances, it is proper. It is just so the jury will understand the whole situation. The jury will understand that this is purely a matter of contract. And I am allowing…

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