Brown v. Missouri State Life Ins. Co.
Decision Date | 22 July 1926 |
Docket Number | 12040. |
Citation | 134 S.E. 224,136 S.C. 90 |
Parties | BROWN v. MISSOURI STATE LIFE INS. CO. |
Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Barnwell County; John S Wilson, Judge.
Action by Forest S. Brown against the Missouri State Life Insurance Company. Judgment of magistrate's court for plaintiff was affirmed by the circuit court, and defendant appeals. Affirmed.
Thos M. Boulware, of Barnwell, for appellant.
Harley & Blatt, of Barnwell, for respondent.
RAMAGE A. A. J.
This is an appeal from the judgment of Judge Wilson, affirming a judgment of the magistrate's court, in which plaintiff obtained judgment for $75 against the defendant. At the outset we are met with the question as to the power of this court. The rule is: This court cannot consider, on appeal from magistrate's court, a question of fact. State v Leak, 62 S.C. 405, 40 S.E. 774; State v. Burch, 43 S.C. 3, 20 S.E. 758; Zimmerman v. Ry., 59 S.C 277, 37 S.E. 834.
"It is not error to affirm a magistrate judgment where there is any evidence to support it." State v. Easterlin, 61 S.C. 71, 39 S.E. 250.
" Where a finding by the circuit court on appeal from magistrate [court] is supported by any evidence, it is final." Saunders v. Ry. 90 S.C. 79, 72 S.E. 637; Munn v. Crow, 87 S.C. 246, 69 S.E. 229.
Plaintiff's said policy contained the following provision:
"If the said insured shall become totally and permanently disabled before attaining the age of sixty, *** the total and permanent disability referred to herein may be due either to bodily injuries or disease occurring and originating while this contract is in full force, *** and must be such as to prevent the insured from engaging in any gainful occupation."
Berry v. United Life & Acc. Ins. Co. 120 S.C. 328, 113 S.E. 141; note 7, Ann. Cas. 815; 14 R. C. L. 1315 and 1316.
The test laid down in Taylor v. Ins. Co. 106 S.C. 356, 91 S.E. 326, L. R. A. 1917C, 910, is:
"He is deemed totally disabled when he is no longer able to do his accustomed task, and such work as he has only been trained to do, and upon which he must depend for a living,"
And, further:
"It would be like squaring the circle for a Judge to undertake to say just at what junction a part became a whole, at what period a disability is enlarged from partial to total."
Let us see whether or not there is "some evidence to support the finding on circuit." Munn v. Crow, 87 S.C. 246, 69 S.E. 229.
Dr. Owens testified:
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