Hector v. Royal Indemnity Co.

Both parties appealed. The plaintiffs were unsuccessful on their appeal and the defendants on their appeal. Both move for a reargument.

The plaintiffs contend that we left it to the trial court to determine whether there was error and then to grant a new trial because of error. We did not intend such a thing. The language of the opinion is incomplete and unfortunate. The trial court charged upon the question of merger, and upon motion for a new trial was of the opinion that its charge was inadequate and in error and that likely the jury was prejudiced. We agreed. We cited Mingo v. Extrand, 180…