Derosier v. New England Telephone & Telegraph Co.

The defendant did not move for a nonsuit or for a directed verdict at the usual time; but asked for a directed verdict after the charge to the jury. The motion was denied and the defendant excepted. Objection to the consideration of the question sought to be raised in this manner is put upon the ground that the motion came too late.

The well-established rule is that an objection to the sufficiency of evidence is waived unless taken at a time when there may still be an opportunity to supply the deficiency. Elwell v. Roper, 72 N. H. 585; Gendron v. St. Pierre, 73 N. H. 419; Farnham v. Anderson,…