Nusbaum v. Hartford Fire Insurance Co.

Opinion by

Mr. Justice Schaffer,

This is an action on a contract of insurance covering loss of profits in plaintiff’s business due to fire. The verdict was in plaintiff’s favor and defendant appeals. When the case was here before (276 Pa. 526), we reversed the judgment in plaintiff’s favor, and sent the case back for another trial because he had erroneously been allowed to testify to certain elements which entered into the loss of “fixed charges” which it was alleged he sustained. It was not urged upon us at that time that defendant was entitled to binding instructions, the main question being…