Smith v. Service Fire Ins. Co.

Mr. Special Justice Paul Campbell

delivered the opinion of the Court. *

This is a suit on an insurance policy covering collision and the only evidence was that of the plaintiff. After judgment for plaintiff in the Sessions Court, the jury in the Circuit Court gave a judgment for $215 principal and $45 interest. On motion for new tri,gl and directed verdict, the motion was sustained and the verdict of the jury set aside and judgment entered on the motion for directed verdict. The action of the Trial Court was affirmed by the Court of Appeals.

There is one question in this case. The plaintiff took…