Roma W. Co. v. Hardware Mutual Fire Insurance Co.

This is an action on two fire insurance policies issued by the defendants, one covering a building used by the plaintiff as a winery and the other covering certain wines stored therein. After a verdict in favor of the defendants the court entered an order granting the plaintiff a new trial, the order reciting that the new trial was granted on the insufficiency of the evidence. From this order the defendants have appealed.

The rules of law applicable upon such an appeal are well settled. The question presented is whether or not the trial court abused its discretion in granting the motion for a…