Chicago, Rock Island & Pacific Railroad v. Aetna Insurance

The opinion of the court was delivered by

Robb, J.:

This was a damage action brought by plaintiff to recover under an insurance policy issued by forty-seven defendants under the name and style of the Underwriters Grain Association. The jury returned a verdict for plaintiff, the trial court set the verdict aside, granted a new trial, and defendants appealed from the order of the trial court overruling a demurrer to plaintiff’s evidence and a motion for a directed verdict in favor of defendants.

Appellee will be referred to as the insured and--appellants as insurers.

There is no dispute involving…