Stokes v. Dailey

STRUTZ, Judge.

This case has previously been before this court on an appeal from a judgment of dismissal, which dismissal was on the ground that the plaintiff had completely failed in his proof, N.D., 85 N.W.2d 745. A new trial was granted the plaintiff on such appeal on the ground that the trial court’s dismissal of the action on defendant’s motion for dismissal, at the conclusion of the plaintiff’s case, was prejudicial error.

The case thereafter was again tried to a jury in the district court of Grand Forks County. The jury returned a verdict dismissing the plaintiff’s complaint, and…