Waltz v. Aycrigg

This action of trespass on the case for negligence was heard before a justice of the superior court sitting with a jury. At the close of all the evidence, the defendant moved for a directed verdict. Pursuant to rule 46(a) of the rules of civil procedure of the superior court, then in force, the trial justice reserved decision and, after arguments of counsel, submitted the case to the jury. After the jury returned a verdict for the plaintiff in the amount of $350, the trial justice ruled that there was a question of fact for the jury and denied the motion for a directed verdict. He also denied…