...plaintiff to recover, notwithstanding the contributory negligence of her husband and herself. The court refused to direct a verdict for the defendant at the close of the plaintiff's proofs, and also at the close of the case, to which ruling defendant's counsel duly ezcepted. Among...

...circuit judge to so instruct the jury. The remaining error assigned is to the refusal of the conrt to direct a verdict for the defendant at the close of the plaintiff's case. This request was properly refused. Judgment is affirmed. The other Justices concurred. TO 317...

...evidence. " 3. The court erred in refusing to take the case from the jury and grant defendant's motion to direct a verdict for the defendant at the close of the plaintiff's testimony. " 4. In rendering a judgment in favor of the plaintiff and against the defendant. "5. In...

...power to, and under the defendant's requests for charge, if in accordance with the facts, was bound to, direct a verdict for the defendant at the close of the trial. Schofield v. Railroad, 114 US 615, 616; Elliott v. Railroad, 150 US 245, 246. Even though the...

...in Columbia & Puget Sound Railroad Co. v. Hawthorne, 144 US, 202, and it was said that, "the refusal to direct a verdict for the defendant at the close of the plaintiff's evidence and when defendant has not rested his case, cannot be assigned for error." In Bogk v. Gassert, 149...

...whatever for plaintiff's protection against sudden movement of the car. The court of common pleas directed a verdict for the defendant at the close of the plaintiff's evidence, on the ground that there was no proof that the company knew that the plaintiff was in a position of...

...Accidental Death Insurance Co., 1 B. & S. 782 ; 1 Green! . Evid., sect. 2. The court erred in refusing to direct a verdict for the defendant at the close of the plaintiff's case. 2 Greenl. Evid., sects. 372, 373; Bliss, Life Ins. (2d ed.), sect. 367; 2 Bishop, Cr. Proc. (2d...

...preferences, so far as practicable. Third — Also that Courts be authorized by act of the Legislature to direct a verdict for the defendant at the close of the plaintiff's evidence, when in the opinion of the Court such evidence is clearly insufficient to sustain a verdict. (Mr. Van...

...instruction which was excepted to. It is undoubtedly true that a case may be presented in which the refusal to direct a verdict for the defendant at the close of the plaintiff's testimony will be good ground for the reversal of a judgment on a verdict in favor of the plaintiff,...

...v. Mason, 11 Otto, 151; United States v. Hough, 13 Otto. 72. g 2070. Though the refusal of the court to direct a verdict for the defendant at the close of the plaintiff's testimony might be a good ground for the reversal of a judgment on a verdiet in favor of the plaintiff,...