Talley v. McCain

The judgment in this case must be reversed upon the authority of the recent decision of this Court, handed down during the present term, in the case of Dudley v. Harrison McCready & Co., 127 Fla. 687, 173 So. 820.

There is in this case, however, one question which was not presented in the case above cited, but in our opinion it does not change the result. At the trial, after the close of plaintiff’s case, the defendant moved for a directed verdict.

The trial judge announced that he would reserve his ruling on this motion. And at the conclusion of the defendant's case, the defendant renewed his…