Kalinowski v. Smith

In this action to recover damages for personal injuries sustained in an accident involving a single car commuter train (a Budliner) of the New York, New *770Haven and Hartford Railroad, the motion of the defendant, trustee of the railroad, for a directed verdict was allowed at the close of the plaintiffs opening. The plaintiff appeals from the judgment entered pursuant to that ruling.

"In ruling on a motion for a directed verdict on the opening, the judge must take all the statements in the opening as true, and in the light most favorable to the plaintiff, and if any reasonable view of the facts…