Kupperberg v. American Druggists Syndicate, Inc.

Burr, J.:

The action is brought to recover damages for personal injuries sustained by plaintiff. At the conclusion of the plaintiff’s case defendant’s counsel moved to dismiss on the ground that no negligence had been shown and the plaintiff had failed to establish facts sufficient to constitute a cause of action or to substantiate the allegations of the complaint. The court reserved decision on this motion. At the conclusion of the entire evidence, this motion was renewed and granted.

Plaintiff’s counsel asked to have the case submitted to the jury on the question of negligence and freedom…