McShain v. Indemnity Insurance Co. of North America

Opinion by

Mr. Justice Stern,

John McShain, plaintiff, recovered a verdict against Indemnity Insurance Company of North America, defendant, in the sum of $78,182.61, and defendant recovered ¿ verdict over against John F. McCarthy, additional defendant, in the same amount. The court in banc granted motions of defendant and additional defendant for a new trial. From this order plaintiff appeals.

The court below did not abuse its discretion in granting the new trial. On the contrary, to have refused would have been reversible error.

Plaintiff was the general contractor for the erection of the new…