Grammer v. Almond

At the close of plaintiff’s case the defendant moved for the dismissal of the complaint. The motion was denied. At the close of all the evidence the defendant’s attorney stated to the court: “ I renew my motion made at the end of the plaintiff’s case for dismissal of the complaint and ask for a direction of a verdict on the ground the plaintiff has failed to establish the cause, of action set forth in his complaint or any other cause of action, and on the further ground it affirmatively appears that the plaintiff was guilty of contributory negligence.”

No ruling was made by the trial court…