Lee v. Zaske

To the extent that the majority opinion holds that the verdict is against the great preponderance of the evidence entitling plaintiff to a new trial, I am in full accord, but I must respectfully dissent from the direction remanding the case for trial on the issue of damages only.

Here neither party moved for a directed verdict during the trial. Had the verdict been in favor of plaintiff instead of defendants, we could not have granted judgment for defendants notwithstanding a verdict to the contrary, no motion for a directed verdict having been made. 3 Dunnell, Dig. & Supp. § 5079; Stewart v.…