Muller v. Equitable Life Assurance Society of United States

Plaintiffs as beneficiaries in a policy issued by defendant upon the life of Harry Muller brought suit to recover $30,000 and interest by reason of the accidental death of the insured; upon trial the jury returned a verdict for defendant; on plaintiffs’ motion the court set this aside and ordered a new trial; defendant filed in this court a petition asldng leave to appeal from this order, which was allowed; additional briefs have been filed and the propriety of the order granting a new trial is now before us.

The sole reason moving the trial court to grant a new trial was apparently a feeling…