Commercial Standard Insurance v. Berger Investment Co.

MERRILL, Justice.

This appeal is from a judgment of the Circuit Court of Mobile County setting aside the verdict of the jury and judgment rendered thereon and granting a new trial to the appellee. The sole matter assigned as error is the action of the trial court in granting the motion for a new trial.

*209Appellee, plaintiff below, sued on a lightning and windstorm insurance policy claiming that the property insured thereby had been damaged to the extent of $1,500. The appellant defended on the ground that the loss suffered by the appellee was not caused by lightning or windstorm but that the roof…