Watson v. Morton

Orders reversed *1051on the law and the facts and new trial granted, with costs to the appellants to abide the event. Memorandum: The verdict was properly set aside as against the weight of the evidence but the county judge should have granted a new trial instead of directing a verdict for the petitioner. By moving to go to the jury on the facts, the petitioner abandoned his motion for a directed verdict. (Green v. Shute, 7 N. Y. Supp. 646.) The two motions are inconsistent. Moreover, the county judge failed to reserve decision on the motion for a directed verdict and he was without power to…