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Aetna Casualty & Surety Co. v. Yeatts

United States Court of Appeals for the Fourth Circuit

121 F.2d 350 (4th Cir. 1941)

Relevant factsFree

Yeatts (defendant) held an indemnity policy with Aetna (plaintiff), who sought a declaratory judgment that Yeatts wasn't covered because his underlying liability arose from performing a criminal abortion, an excluded act. Yeatts testified at trial that he did not commit a criminal act, and the jury found in his favor. Aetna moved for judgment notwithstanding the verdict and for a new trial; the trial judge denied both, and Aetna appealed.

IssueFree

Whether an appellate court may reverse a trial court's grant or denial of a new trial simply because the jury could have reached the opposite verdict.

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