Boyda Dairy Co. v. Continental Casualty Co.

In an action on an insurance policy by which defendant agreed to indemnify plaintiff for losses sustained by robbery, according to the terms of the policy, upon trial by jury, defendant at the close of all the evidence made a motion for an instruction in its favor, which was denied. The cause was submitted to the jury which returned a verdict for plaintiff in the sum of $3,500, whereupon defendant moved for a new trial and for judgment in its favor non obstante veredicto. The court set aside the verdict, then granted defendant’s motion for judgment notwithstanding. Plaintiff appeals.

Plaintiff…