Eastern Contractors, Inc. v. Zinkand

This is an appeal from a judgment for defendant on “Motion for a directed verdict” in a negligence case tried before the court without a jury. The rules of practice and procedure do not provide for a directed verdict in a nonjury case. Trials Rule 5, Demurrer to Evidence, authorizes a motion, “at the close of the evidence offered by an opponent for a dismissal on the ground that upon the facts and the law he has shown no right to relief.” In the Reporter’s Explanatory Notes to the rules it is stated, “Rule 5 merely provides the equivalent of a directed verdict in cases tried by the court…