Ludwig v. Aetna Casualty & Surety Co.

SAYLOR, J.,

This matter is before the court en banc on plaintiffs’ motion to remove a compulsory nonsuit which was entered at jury trial after plaintiffs rested their case in chief.

In reviewing the correctness of the nonsuit, plaintiffs must be given the benefit of every fact and reasonable inference arising from the evidence, and all conflicts in the testimony must be resolved in their favor. McKenzie v. Cost Brothers, Inc., 487 Pa. 303, 409 A.2d 362 (1979). Viewing the evidence in this light, the facts reveal the following.

Various silverware was insured against loss under an endorsement to…