Fetner v. Aetna Life Ins. Co., 15360.

• Citation: 18 S.E.2d 521
• Decision Date: 29 January 1942
• Docket Number: No. 15360.,15360.
• Parties: FETNER. v. AETNA LIFE INS. CO. (two cases).
• Court: United States State Supreme Court of South Carolina

18 S.E.2d 521

FETNER.
v.
AETNA LIFE INS. CO. (two cases).

No. 15360.

Supreme Court of South Carolina.

Jan. 29, 1942.

[18 S.E.2d 521]

Appeal from Richland County Court, of Richland County; A. W. Holman, Judge.

Actions by Frank M. Fetner against Aetna Life Insurance Company, to recover total disability benefits provided in life policies. From the judgments, the plaintiff appeals.

Affirmed.

Robinson & Robinson, of Columbia, for appellant.

Douglas McKay and John B. McCutche-on, Jr., both of Columbia, for respondent.

BAKER, Justice.

This appeal involves two cases which were by stipulation of counsel tried together in the Richland County Court.

In the trial of the case, plaintiff (appellant) was held to proof of total and permanent disability resulting from a lung abscess, from which holding appellant did not except.

The provision in the policies on which appellant sought recovery reads as follows: "If total disability of the insured begin after the date of this policy and before age sixty, and if due proof be furnished the Company after such disability has existed for a period of six months, and if such disability presumably will during lifetime prevent the insured from pursuing any occupation for wages or profit, or * * *, the insured shall be deemed to be totally and permanently disabled within the meaning of this policy."

When all the testimony was in, the respondent moved for a directed verdict on the ground that there was not sufficient evidence in the record to warrant the submission to the jury of the issue of total and permanent disability. This motion was granted, and the appellant comes to this Court alleging error in the granting thereof; and also alleges error in refusing to allow the employer of appellant to answer the question as to whether the appellant was able to carry on the duties of office manager of the Cary Printing Company after his operation; and to testify as to whether the plaintiff was as valuable an employee of the Cary Printing Company after his operation as before; and in re-

[18 S.E.2d 522]

fusing to permit the appellant to testify as to his financial condition just prior to the time he returned to work.

The Cary Printing Company (job printers) at Columbia, South Carolina, is owned solely by Mr. Harry Cary. The appellant had been working for Cary continuously from 1924 until he became ill in January, 1940, which illness was finally diagnosed as a lung abscess. He underwent two operations at a hospital, and during the second operation...