Buesing v. Metropolitan Street Railway Co.

The action was brought to recover for injury alleged as a consequence of the defendant’s negligence, and the one question submitted by the defendant on this appeal is that the verdict is grossly against the weight of evidence. The amount *846demanded was $1,500, and the verdict just half that sum. No advantage accrues to the defendant by reason of his exception to the ruling on the motion for a dismissal of the complaint at the close of the plaintiff’s case. He accepted the alternative offered him, gave evidence in his own behalf and thereby waived the motion. Reade v. Con. Trust Co., 49 App.…