
    Smith, Admr., v. The Cleveland Life Insurance Co.
    
      Directed verdict — Error to order same, when — Question of fact — Cause of death of insured — Accident insurance.
    
    (No. 16297
    Decided December 23, 1919.)
    Error to the Court of Appeals of Lucas county.
    
      Mr. Marion W. Bacome, for plaintiff in error.
    
      Mr. M. P. Mooney and Mr. Julian H. Tyler, for defendant in error.
   This court finds on authority of Gibbs v. Village of Girard, 88 Ohio St., 34, that this cause should have been submitted to the jury and that the court erred in instructing the jury to find a verdict in favor of the defendant.

It is,- therefore, ordered and adjudged by this court that the judgment of the said court of 'appeals be, and the same hereby is, reversed.

Judgment reversed.

Nichols, C. J., Johnson, Wanamaker, Robinson and Merrell, JJ., concur.

Matthias; J., not participating.  