Rutland Railroad v. Doud

The action was tried in Justice Court without a jury and resulted in a decision for the plaintiff in the sum claimed. Appeal was taken to the County Court for a new trial. At the trial in County Court at the close of the evidence a motion was made by the plaintiff for a directed verdict, which was denied for the purpose of submitting the case to the jury. It was so submitted and resulted in a verdict of no cause of action. Motion was thereupon made to set aside the verdict as against the law and the evidence and for a new trial. Such motion is now entertained.

*45The undisputed facts were that on…