Kasmer v. Metropolitan Life Insurance

Opinion by

Parker, J.,

This action in assumpsit to recover the face amount of a life insurance policy was tried before three juries and each time the jury disagreed and was discharged. After the third trial defendant moved for judgment notwithstanding the disagreement of the jury and after argument the motion was overruled. It appears to be now settled by the case of Conley v. Mervis, 324 Pa. 577, 188 A. 350, that in the circumstances present here an appeal lies from the refusal of the court below to enter judgment after disagreement under the Act of April 20, 1911, P. L. 70 (12 PS §684). Such…