Barry v. Aetna Insurance Co.

Opinion by

Mr. Justice Ladner,

Plaintiffs brought an action in assumpsit on a fire insurance policy. This case has been tried three times. The first trial resulted in a verdict for the plaintiffs. A new trial was granted. The second trial resulted in a directed verdict for the defendant. Again, a new trial was granted and at this trial a verdict was rendered for the plaintiffs and another new trial was granted. It is this last grant of a new trial which is assigned as error in the plaintiffs’ appeal now before us.

We must first observe that the trial judge did not base the grant of a new trial…