Philadelphis National Ins. Co. v. Scovanner

By the Court.

TMs is an appeal from a judgment by tbe Municipal Court of Cincinnati, in favor of an indemnitor that had paid the damage, less $25 as provided in a deductible clause of an insurance policy, resulting from a collision between two automobiles. At the close of the plaintiff’s evidence, the defendant announced that he rested, and, thereupon, the plaintiff moved for an instructed verdict. On this motion, the court withdrew the case from the jury and entered judgment for the plaintiff.

Early in the proceedings in the trial court, the defendant raised, by demurrer, the issue of a defect…