Grace v. Williams

The petition fails to state a cause of action and no liability was proved against the landlord.

A motion was made at the close of the plaintiff’s evidence for an instructed verdict, but this motion was not renewed at the close of all the evidence.

In view of the defect in the petition and the failure of proof, the court, under such state of facts ought to have instructed a verdict at the close of plaintiff’s case for defendant, and the charge of the court was manifestly and prejudicially erroneous, in submitting the case to the jury, there being no evidence of any liability on the part of the…