Adams v. City of Omaha

Action for damages from surface waters flooding plaintiff’s premises-, alleged to have been caused by defendant’s negligence. Defendant denied any negligence. Plaintiff •had the judgment, and defendant has appealed.

At the close of plaintiff’s evidence, both parties moved for a directed verdict. Thereupon, the trial court discharged the jury and announced its purpose to render judgment for plaintiff. Defendant then requested, and was denied, permission to introduce evidence. This ruling is assigned as error.

This court has frequently held that, where each party to a jury trial moves for a…