Bennett v. Talbot

This is an action of assumpsit brought by tbe plaintiff to recover a balance alleged to be due for labor performed by him in June and July, 1893, in the construction of a wharf on land owned by tlie defendant in Stockton Springs. Tlie *230evidence is reported to this court on exceptions taken by the plaintiff to the ruling of the court below directing the jury to return a verdict for the defendant.

It is a well-established rule of procedure in this State that the court may properly instruct the jury to return a verdict for either party when it is apparent a contrary verdict would not be allowed to…