Neff v. Queen City Coach Co.

PARKER, Judge.

At the close of plaintiff’s evidence and again at the close of all of the evidence defendant moved for a directed verdict in its favor. Denial of these motions is the subject of the exceptions included in appellant’s first assignment of error.

A motion for directed verdict under Rule 50(a) of the Rules of Civil Procedure is appropriate when trial is held before a jury. This case was1 tried by the judge without a jury. The appropriate motion in such case is for involuntary dismissal under Rule 41(b). The distinction is more than one of mere nomenclature, as a different test is to…