Foster v. Schnell Refrigeration Co.

This is an action for damages for personal injuries allegedly resulting from negligence of defendant. After plaintiff rested, defendant, without adducing further evidence, rested and moved for a directed verdict "on insufficiency of proof.” The motion was allowed, and plaintiff appeals from the resulting judgment for defendant. We affirm.

In her complaint plaintiff alleged four specifications of negligence. In her written argument in her brief and upon oral argument she did not discuss any evidence to support submission to the jury of any of the first three charges. Her counsel declined,…