Herbstman v. Lamoree

Kelly, P. J.:

In this action to recover damages for injuries sustained through defendant’s negligence, the defendant moved, at the close of the plaintiff’s case, to dismiss the complaint. What he said was, “ I make the usual motion to dismiss,” from which we understand that he claimed that as matter of law,the plaintiff had failed to prove any negligence on the part of the defendant, or that the plaintiff was guilty of contributory negligence as matter of law. The learned trial justice properly denied the motion and no excep*505tion was taken to the ruling. The defendant proceeded with his case,…