Stake v. Western Assurance Co.

An action was brought in the district court for á small fire loss to a building, alleged to be in the amount of $291. This building was insured by defendant company in the sum of $3,000. The amended answer admitted a fire loss in the sum of $43.58. On March 5, 1938, a jury returned a verdict for $85, which was set aside on motion of plaintiff, and a new trial granted. On October 4,1938, the jury at the close of the second trial returned a verdict in the sum of $145.90. Defendant filed a motion for a new trial, which was overruled. On October 31, 1938, upon motion of plaintiff for an…