L'Hommedieu v. Wilfred Wolfson Co.

Plaintiff appeals from an order denying his motion for a new trial. At the close of the evidence the court granted a motion by the defendants to instruct the jury to return a verdict in their favor. Plaintiff’s motion for a new trial was denied, and this appeal followed.

The assignments of error are: (1) That the court erred in directing a verdict against the plaintiff; (2) that said directed verdict is contrary to the evidence and to law. The record presents the one question of whether the court erred in directing a verdict for defendants.

The court may dismiss au action on the trial, after…