Moyer v. Blue Mountain Electric Co.

Opinion by

Mr. Justice Simpson,

The action below was trespass for negligently setting fire to and destroying plaintiff’s hotel; and, on this appeal, defendant asks us to reverse the judgment in plaintiff’s favor, on the following grounds only: (1) because the evidence did not prove defendant was negligent; (2) because the trial judge erred in refusing defendant’s point for binding instructions in its favor; (3) because the court in banc erred in overruling its motion for judgment non obstante veredicto; and (4) because, upon the evidence produced, even if otherwise sufficient, no recovery can…