Arnold v. Aetna Life Insurance

This is an action on a policy of accident insurance. The court with the aid of a jury proceeded to try the issues raised by the pleadings and at the conclusion of the evidence gave a peremptory instruction to the jury to return a verdict for defendant. Plaintiff did not except to the giving of this instruction but took “an involuntary nonsuit with leave given to move to set the same aside” and the court discharged the jury. Afterward plaintiff filed a motion to set aside the nonsuit, the court overruled the motion and plaintiff excepted to that ruling and appealed.

There is nothing in the…