Owens v. Lehigh Valley Coal Co.

In an action on the case for negligence by plaintiff .in error against defendant in error there was a plea of not guilty. At the trial, after the plaintiff had given evidence to maintain the issues on his part and rested, the court instructed the jury to find the defendant not guilty, for the reason, as stated in the instruction, “ that neither count of the declaration stated a cause of action.”

It is contended by the plaintiff in error that the question of the sufficiency of a declaration cannot be raised after •plea, by a motion to instruct the jury to lind for the defendant. Section 51 of…