McGee v. Cuyler

This is a negligence case, and the Court below, upon the conclusion of the whole testimony granted a prayer withdrawing the case from the jury and instructed them, there was no legally sufficient evidence to entitle the plaintiff to recover, and their verdict must be for the defendant. The judgment was against the plaintiff and he has appealed.

The single question presented by the record, is the propriety of the Court’s ruling in granting the defendant’s prayer, as stated.

This prayer, being in the nature of a demurrer, raised the question of the legal sufficiency of the evidence and of the…