McKenzie v. Hilleboe

Spalding, Oh. J.

(dissenting). Under the guise of deciding only a question of fact,, it appears to me that the opinion of the majority conflicts most emphatically with several principles of law and procedure established in this jurisdiction by numerous authorities. Hence, I cannot concur in the conclusion reached by my associates. The assignments of error relate to two propositions: First, that the court erred in not directing a verdict for the defendant at the close of the trial; second, that it erred in not granting defendant’s motion for judgment notwithstanding the verdict.

The rule…