Zoni v. Mut. Life Ins. Co. of N.Y.

Opinion by

Rhodes, J.,

This appeal by defendant is from an order of the court below granting plaintiff’s motion for a new trial.

An action in assumpsit was brought to recover total and permanent disability benefits alleged to be due under an insurance policy. The jury returned a verdict in favor of defendant. The court in banc then granted plaintiff’s motion.

It is a well established rule that such an order is not reviewable unless the court below makes it clearly appear that the reasons particularly set forth in its opinion are the only ones which move it to award a new trial. Culver et al. v.…