Coleman v. New York, Chicago & St. Louis Railroad

CONCURRING OPINION

Wiltrout, J.

I concur in the result reached in this case, but do not concur in that part of the majority-opinion which holds that error in a trial court’s action in directing a verdict may not be presented by an independent assignment of errors.

The following wording was added to Rule 1-7 in 1943:

“The court’s action in directing or refusing to direct a verdict shall be shown by order book entry. Error may be predicated upon such ruling or upon the giving or refusing to give a written instruction directing a verdict.”

The purpose of this change in the Rule seems clear. It was…