Yager, Recr. v. Marshall

Many errors are complained of by the defendant, but it is necessary to discuss only the one that is decisive of the entire controversy.

At the conclusion of the plaintiff’s evidence the defendant moved the trial court for a directed verdict. This motion was overruled. Likewise, at the conclusion of all of the evidence a similar motion was made and overruled. Was this error?

This is one of that class commonly designated as “jerk” cases. However, it should be observed that this is not the usual type in which the jerk is claimed to have occurred at the instant the car was set in motion. Neither is…