Tingle v. Kelly

A verdict was not demanded for the defendant; therefore, the court did not err in overruling the motion for a judgment notwithstanding the mistrial. While the plaintiff testified as to the total value of the aggregate of the items, the defendant testified as to the value of certain individual items of the furniture. The jury was authorized to find that the plaintiff was entitled to recover at least as to these items and was authorized to place on them the value as testified to by the defendant. Where the evidence authorizes a verdict for the plaintiff in some amount, a motion for a judgment…