Anderson v. Mann

The record does not reveal any motion made at the close of plaintiff’s evidence. However, at oral argument counsel entered into a written stipulation, filed as a part of the record, that this Court consider the motion made as a motion for directed verdict. The grounds therefor are set out in the judgment, to wit, “that the plaintiff offered no evidence of negligence on the part of the defendant and, even if there were such evidence, the plaintiff’s evidence disclosed contributory negligence on the part of the plaintiff.”

On appeal from the granting of a motion for directed verdict, we must…