Grubbs v. McShane

In this case the plaintiff-in-error insists that the evidence established the negligence of the defendant-in-error, defendant in the trial court, and that the judge usurped the prerogatives of the jury when he instructed a verdict in favor of the defendant at the close of all the testimony, after having denied a similar motion when the plaintiff had rested.

We will dispose of the controverted points in that order..The alleged injury for which the plaintiff attempted to prove the defendant responsible grew out of the treatment by the latter of a condition described as phlebitis, or commonly…