Auburn Shale Brick Co. v. Cowan Building Co.

At the conclusion of the testimony, on both sides in this ease, the Court below granted at the instance of the defendant the following prayer: The defendant prays the Court to instruct the jury that under the pleadings and evidence in this case the plaintiff cannot recover and their verdict must be for the defendant.

The questions for our consideration are presented in the case upon a single exception, and that is to the action of the Court in granting the defendant’s prayer, withdrawing the case from the jury and directing a verdict for the defendant.

By a stipulation of counsel, filed herein…