Fischer v. Provident Mutual Life Insurance Co. of Philadelphia

Majority

p. 779

George W. Fischer, as Executor of Virginius B. Hirst, Deceased, Respondent, v. Provident Mutual Life Insurance Company of Philadelphia, Respondent-Appellant, and Harriet E. Hirst, Intervener, Appellant.

— We have come to the conclusion that giving the appellant full benefit of the evidence offered and excluded, no case was made out to go to the jury and a verdict should have been directed in plaintiff’s favor. There was no prejudice therefore in the matters complained of justifying a new trial. Judgment unanimously affirmed, with costs. Present — Peek, P. J., Callahan, Breitel, Bastow and Botein, JJ.