Beiermeister v. City of London Fire Insurance
New York Supreme Court
Appeal from circuit court, Rensselaer county. Action by Frederick Beiermeister, Jr., and George A. Spicer against the City of London Fire Insurance Company. Judgment was entered on a verdict directed for defendant, and plaintiffs appeal.
1Opinion of the CourtLearned, P. J.
After each party had rested, each asked the court to direct a verdict. Before decision the plaintiff by leave recalled a witness, and gave further testimony. When the testimony had been given,.the plaintiff asked to go to the jury. The court refused, on the ground that each side had asked for the direction of a verdict, and that such request was an admission that there was no question of fact for the jury. It is true that such request has been held to be an admission that, at the time it was made, there was no question of fact for the jury. But it could not be an admission that no question of…
2Cited by2 opinions
- Hall v. Fireman's Fund InsuranceNew York Supreme Court · 1983
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