Conti v. Benefit Ass'n of Railway Employees

Opinion by

Keller, J.,

While not called a “case stated” the parties agreed upon a statement of facts in the case and submitted them to the court below for adjudication without a jury trial, under an agreement that, “If the court shall find that under the facts, the defendant is liable, judgment shall be entered for the amount so found by the court; if the court shall find that under the facts the defendant is not liable, then judgment shall be entered for the defendant. ’ ’ Both parties reserved the right of appeal.

Plaintiff’s right of action ivas based on an accident insurance policy issued by…