Houlihan v. Selengut

We think plaintiff’s prima facie case raised for the jury issues of fact as to defendant Selengut and that it was error to dismiss the complaint against that defendant at the close of plaintiff’s ease. On the directed verdict against the other defendant Burneey no summation was allowed and a very cursory charge given on the measure of damages. As there must be a new trial, the judgment against defendant Burneey, so far as appealed from by plaintiff, should also be reversed in the interests of justice and a new trial granted.

The order denying plaintiff’s motion for a new trial and the judgment…