Fidelity & Casualty Co. of New York v. Raborn

• Decision Date: 20 April 1937
• Docket Number: 1 Div. 274
• Citation: 27 Ala.App. 458,173 So. 895
• Court: Alabama Court of Appeals
• Parties: FIDELITY & CASUALTY CO. OF NEW YORK v. RABORN.

173 So. 895

27 Ala.App. 458

FIDELITY & CASUALTY CO. OF NEW YORK v. RABORN.

1 Div. 274

Court of Appeals of Alabama

April 20, 1937

Appeal from Circuit Court, Mobile County.

Action by the Fidelity & Casualty Company of New York against William Raborn. From an order setting aside a verdict in favor of the plaintiff and granting the defendant's motion for a new trial, the plaintiff appeals.

Affirmed.

Gordon, Edington & Leigh, of Mobile, for appellant.

W.C. Taylor and Smith & Johnston, all of Mobile, for appellee.

BRICKEN, Presiding Judge.

The appeal in this case is from an order of the lower court setting aside the verdict of the jury rendered in favor of plaintiff, and granting a motion of defendant for a new trial.

It appears from the record that this is a companion case to that of Fidelity & Casualty Company of New York v. William Raborn (Ala.App.) 173 So. 399, certiorari denied (Ala.Sup.) 173 So. 402. The two cases were jointly tried, but are here submitted on separate records and involve the same questions on appeal, thus rendering a decision in one case conclusive as to the other case.

In the companion case the judgment of the lower court was affirmed. Case supra. It follows that the judgment in the instant case must be and is affirmed upon authority of and in accordance with the decisions of this court and the Supreme Court, 173 So. 402, in the case above referred to.

Affirmed.