McDonough v. Community Traction Co.

This was an action for damages resulting from personal injuries. At the close of the plaintiff’s evidence, the defendant moved for a directed verdict and the plaintiff also moved for a directed verdict in her favor. Thereupon the court said:

“The court finds upon the issues joined in these motions in favor of the defendant and against the plaintiff.”

To this the plaintiff excepted, hut made no objection to the court’s procedure, nor did she request that the fact issues presented by her evidence be submitted to the jury, which was not discharged until after plaintiff’s exceptions had been noted…