Western Casualty & Surety Co. v. Smith-Caldwell Drug Store, Inc.

Frank Holt, Justice.

The appellee insured sought to recover #997.02 from the appellant insurer as a result of the theft of drugs from its premises after closing hours. The trial court, sitting as a jury, awarded judgment to the appellee. Appellant contends that the trial court erred in not granting its motion for a directed verdict in that the evidence was insufficient to sustain a judgment in favor of appellee. We agree that appellant is entitled to judgment as a matter of law after viewing the evidence and all reasonable inferences deducible therefrom most favorable to the appellee as we…