Lerman v. Implement Dealers Mutual Insurance Co.

WERLEIN, Justice.

This suit was brought by appellant upon an insurance policy issued by appellee to recover damages to his building in Texas City caused by Hurricane Carla on or about September 9, 1961. The building was insured in the amount of $27,000.00. At the conclusion of appellant’s evidence the trial court, on appellee’s motion for an instructed verdict, withdrew the case from the jury, and entered a take nothing judgment against appellant.

In determining whether it was proper for the court to take the case from the jury and render judgment, we must view the evidence in the light most…