Davis v. Home Insurance
Superior Court of Pennsylvania
Appeal, No. 2, March T., 1920, by plaintiffs, from judgment of C. P. Tioga County, May T., 1919, No. 1, for defendant non obstante veredicto in the case of Emet R. Davis and Sadie A. Davis v. The Home Insurance Company, New York. Assumpsit on policy of insurance. Before Channell, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiffs for $711.33. Subsequently the court, on motion, entered judgment in favor of defendant non obstante veredicto.
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Appeal, No. 2, March T., 1920, by plaintiffs, from judgment of C. P. Tioga County, May T., 1919, No. 1, for defendant non obstante veredicto in the case of Emet R. Davis and Sadie A. Davis v. The Home Insurance Company, New York. Assumpsit on policy of insurance. Before Channell, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiffs for $711.33. Subsequently the court, on motion, entered judgment in favor of defendant non obstante veredicto. Plaintiffs appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Head, J.,
Following a verdict in favor of the plaintiffs in the action, the learned court below made absolute a rule for judgment for the defendant n. o. v., and the plaintiffs appealed. In such a case we are obliged to consider as established every fact testified to by the plaintiff or his witnesses; and this is true even where it can be said that the evidence supporting the plaintiffs’ case presents some contradictory elements.
The learned court below reached the conclusion the plaintiff had no case, unless he could rest it on the proposition that the local agent of the defendant…
2Cases cited3 opinions
- Mentz v. Lancaster Fire InsuranceSupreme Court of Pennsylvania · 1875
- Smith v. West Branch Mutual Fire InsuranceSuperior Court of Pennsylvania · 1906
- Devaney v. Northwestern National InsuranceSuperior Court of Pennsylvania · 1916
3Cited by10 opinions
- Arlotte v. National Liberty InsuranceSupreme Court of Pennsylvania · 1933
- Simons v. Safety Mutual Fire InsuranceSupreme Court of Pennsylvania · 1923
- Isaac v. Donegal & Conoy Mut. Fire Ins.Supreme Court of Pennsylvania · 1932
- Russell v. Farmers Mutual Fire InsuranceSupreme Court of Pennsylvania · 1922
- McGinness v. Caledonian InsuranceSuperior Court of Pennsylvania · 1922
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