Happel v. Lehigh Valley Railroad

Upon this appeal we think the judgment must be reversed in the interests of justice and to insure to the defendant a fair trial.

We disapprove of the practice adopted by the trial court at the close of the case in directing a verdict for the plaintiff.

At the close of the case, after both sides had rested, the record shows that the following occurred: “ Mr. Williamson: The defendant moves for the direction of a verdict upon the same grounds stated in the motion to dismiss Mr. Syme: I join n the motion for the direction of a verdict and ask the court to direct a verdict *462in favor of the…