Cohen v. Lit Brothers

Argued October 10, 1949. These appeals are by plaintiffs from judgment entered on a directed verdict in favor of defendant. In an action of trespass minor plaintiff and her parents sought to recover damages for assault and battery and false imprisonment allegedly committed on the minor plaintiff by defendant's employes in its department store. At the conclusion of the testimony the trial judge gave binding instructions for defendant. Plaintiffs' motions for new trial were refused.

It is our opinion that the case is not one in which it was proper to give binding instructions, and that a new…