Glass Coating Co. v. Clark

It is evident from the opinion of the Court of Appeals that it reversed the judgment of the trial court because it thought that the cause should have been submitted to the jury. In so deciding, the appellate court, overlooked an established rule of procedure heretofore adopted by this court. It appears that, at the close of all the evidence, counsel for both parties moved that the case should be taken from the consideration of the jury, and for judgment in favor of their respective parties. Both motions were overruled, and no request was thereafter made for submission to the jury.

In this…