Ellsworth v. Martindale-Hubbell Law Directory, Inc.

I am of the opinion that in determining whether it is reversible error for the trial court to grant the motion for directed verdict, we should not consider the question of the quality of the evidence at the time the motion was granted.

There has been a progressive attitude on the part of the court to view a violation of this statute involved as not reversible error if the court be satisfied as a matter of fact that the moving party would be entitled to a verdict on a motion for judgment notwithstanding the verdict.

We have always held the view and stated distinctly that it is error so to do.…