Gilinsky Fruit Co. v. Davis

The plaintiff commenced an action against the defendant to recover damages to some shipments of green fruit. The defendant answered and a trial was had before the trial court sitting with a jury. The plaintiff introduced its proof and rested. Thereafter the defendant introduced his proof and rested. Later the plaintiff introduced proof in rebuttal and then it rested. Thereupon the defendant made a motion that the jury be directed to bring in a verdict in favor of the defendant. The motion was granted and a judgment based on that verdict was entered. In due time the plaintiff made a motion for…