Stephenson v. Home Insurance

MB. COMMISSIONEB BOSE

prepared the opinion for the court.

This is an action to recover on two fire insurance policies. The ease was tried to a jury, and plaintiff recovered judgment. *194Thereafter plaintiff’s motion for a new trial was granted for the reason that the trial court had invaded the province of the jury in peremptorily directing them, if they found for plaintiff, to deduct the sum of $850, the interest claimed by another in the property insured. This was a matter about which there was a conflict in the testimony, and which shouldhave been submitted to the jury for their determination,…