Henshaw v. Globe & Rutgers Fire Insurance Co.

Lively, Judge :

A jury found for plaintiff on a former trial; judgment was rendered thereon by a special judge, from which defendant prosecuted error to this court and obtained reversal because of error in the instructions. Henshaw v. Fire Ins. Co., 109 W. Va. 235, 153 S. E. 512. Upon new trial, May 9, 1931, a jury was waived and the case submitted to the regular judge, upon the evidence taken at the first trial before the special judge, who rendered judgment for plaintiff for $10,775.75, and defendant again prosecutes error.

The issue raised by- defendant’s special pleas is that Swearingen,…