Cone Realty Corp. v. Smith

Plaintiff-appellant filed a complaint in the Bennington Superior Court alleging that a fire caused by defendant-appellee’s negligence resulted in damage to plaintiff’s real and personal property. The action brought in the name of the plaintiff was a subrogation action in which the real party in interest was the plaintiff’s insurance company. V.R.C.P. 17. After jury trial a verdict was returned for the defendant. Plaintiff appeals the denial of its motions for mistrial, to set aside the verdict and for new trial. V.R.C.P. 59. ■

During plaintiff’s direct examination of the defendant, plaintiff’s…