Williams v. Cushing

On a motion that, on the opening statement of plaintiff’s counsel, a verdict should be directed for the defendant, all the facts in such opening must be taken to be true. Gray v. Boston, 277 Mass. 166, 167.

On a motion for a directed verdict for the defendant, the evidence most favorable to the plaintiff must be accepted. Dillon v. Plimpton, 239 Mass. 588, 589.

On a request for ruling that on all the evidence the plaintiff cannot recover, the evidence most favorable to the plaintiff must be accepted. Boylston Bottling Co. v. O’Neill, 231 Mass. 498, 500.

Assuming that when the evidence of neither…