New York Evening Journal Publishing Co. v. William F. Simpson Advertising Agency

Motion is made to direct a verdict in favor of the plaintiff and to set aside a verdict rendered in favor of the defendant. The authorities cited hy the plaintiff, to the effect that it must he held as a matter of law where both parties are of equally good character and alike unimpeached, and as witnesses contradict each other directly upon a question of fact and -their testimony is totally irreconcilable, in the absence of other testimony the case will stand evenly balanced and the complaint or defense must be dismissed, are overruled. Language similar to that quoted may be found in Lummis…