Taylor v. United Broadcasting Co.

While I concur in that portion of the opinion of the court relating to the inappropriateness of a “motion for directed verdict” in cases tried by the court without a jury, I do not agree with the decision nor with the effect of a motion under Rule 37(b) of the Municipal Court rules.

The applicable part of this rule provides:

“After the plaintiff has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to…