Collins v. Wellman

In this action, under subrogation provisions of the the Workmen’s Compensation Law, to recover damages for personal injuries caused by an automobile collision, counsel for the defendant, at the close of evidence for the plaintiff, without offering any evidence for the defendant, rested and moved the direction of verdict for the latter.

The motion was granted, and an exception allowed plaintiff.

A verdict should not be ordered by the trial court when, giving the party having the burden of proof the most favorable view of his facts and of every justifiable inference, different conclusions may…