Wierichs v. Innis

The case was not submitted to the jury. There was a mandatory direction to find for the plaintiff. The exception to this direction is sufficient to present the objection on appeal that there were questions of fact for the jury. Trustees v. Kirk, 68 N. Y. 459; First Nat. Bank v. Dana, 79 id. 108, 110'; Stone v. Flower, 47 id. 566; Vail v. Reynolds, 118 id. 301. In addition thereto, the defendant asked leave to go to the jury on the facts. *463This was denied and a further exception taken. This surely enables the defendant to review the propriety of these two rulings. In the proposed case served…