Hopf v. United States Baking Co.

When plaintiff rested his case defendant moved for a nonsuit; at the close of the trial it moved for the direction of a verdict, upon the ground that plaintiff, having elected to proceed against defendant for the recovery of wages, had waived the tort involved in the harboring, and could not now maintain this action. The same question was also raised by a request to charge the jury. All were denied, and defendant excepted. These grounds furnish the basis of the present motion.

There can be no doubt but that plaintiff was entitled to the care and control of his son, to enjoy his society, and…