Kessler v. Ansonia

It seems to me that this judgment should be affirmed and a third trial of the case rendered unnecessary. At the opening of the trial the amount of damage sustained by the plaintiff was conceded. Also the records in this court show that they contain all the evidence upon which the plaintiff relies to fix defendant’s liability. If there is no liability the complaint should be dismissed, while if there is a liability upon this evidence, since the defendant rested on the plaintiff’s case and a motion has been made and granted to conform the pleadings to the proof, the judgment given by the…