Holler v. Ross

The opinion of the court was delivered by

Collins, J.

The plaintiff recovered a verdict for personal injuries inflicted by the defendant’s servant, a watchman. A rule to show cause why the verdict should not be set aside and a new trial granted was entered, reserving the defendant’s exceptions, among which were an exception to refusal to non-suit and an exception to refusal to direct a verdict for the defendant, which involved all the evidence in the cause.

The following questions are certified for our advisory opinion, namely:

*61“First. Whether the question as to the act of the watchman, if proven…