National Garment Co. v. City of Paris

The essential facts as carefully detailed in the principal opinion are not in dispute, but there may sometimes be jury issues even where the facts are undisputed. It is unfortunate that the trial judge saw fit to direct a verdict for the defendant rather than submitting the case to the jury, which then might have settled matters by itself returning a verdict for the defendant, so that the lengthy appellate proceedings would be avoided. If the jury had found for the plaintiff the trial judge could have corrected the situation by sustaining a motion for judgment n.o.v., if persuaded, as he was,…