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Collins v. Phoenix Ins. Co.

Superior Court of Pennsylvania
Jul 14, 1933
167 A. 626 (Pa. Super. Ct. 1933)

Opinion

May 3, 1933.

July 14, 1933.

Appeal No. 12, April T., 1934, by defendant from judgment of C.P., Crawford County, May T., 1932, No. 107, in the case of Herbert Collins v. The Phoenix Insurance Company of Hartford, Conn.

Before TREXLER, P.J., KELLER, CUNNINGHAM, BALDRIGE, STADTFELD, PARKER and JAMES, JJ. Reversed.

Assumpsit on a policy of fire insurance. Before KENT, P.J.

The facts are stated in the opinion of the Superior Court.

Verdict for plaintiff in the sum of $1,000 and judgment entered thereon. Defendant appealed.

Error assigned, among others, was refusal of defendant's motion for judgment non obstante veredicto.

Frank J. Thomas, and with him Paul E. Thomas, of Thomas Thomas, for appellant.

Arden D. Mook, and with him John I. Kent, of Kent Mook, for appellee.


Argued May 3, 1933.


This case and that of Herbert Collins v. Home Insurance Company of New York, 110 Pa. Super. 72, 167 A. 626, in which an opinion has been handed down this day, were tried before the same jury, separate verdicts rendered the same day, disposed of by the court below in one opinion, and argued together here. The controlling legal principles involved in both cases are the same. For the reasons there given, the judgment entered in this case must be reversed.

The judgment of the lower court is reversed and here entered for the defendant.


Summaries of

Collins v. Phoenix Ins. Co.

Superior Court of Pennsylvania
Jul 14, 1933
167 A. 626 (Pa. Super. Ct. 1933)
Case details for

Collins v. Phoenix Ins. Co.

Case Details

Full title:Collins v. The Phoenix Insurance Company of Hartford, Conn., Appellant

Court:Superior Court of Pennsylvania

Date published: Jul 14, 1933

Citations

167 A. 626 (Pa. Super. Ct. 1933)
167 A. 626