Boran v. New York Life Ins. Co.

On Rehearing.

Tot, J.

After our opinion in the above cause (274 Mich. 638), appellee called to our attention, on motion for rehearing, the fact that no motion for new trial had been made in the court below, and that the question of whether the verdict was against the overwhelming weight of evidence was not properly before us. We thereupon granted rehearing.

The record discloses that the contention of appellee as to the fact is correct: that after verdict, defendant moved for judgment non obstante veredicto, and upon its denial, moved for a rehearing thereof. Both motions were denied. No motion…