Crowell Corp. v. Baugh & Sons Co.

The argument of this appeal was confined to the preliminary question whether the trial justice had power to dismiss the complaint after the jury had disagreed and had been discharged, where decision on defendant’s motion to dismiss had not been reserved pending the rendition of the verdict.

Respondent’s counsel recognizes the general rule that no such power would exist had a verdict been rendered (Dougherty v. Salt, 227 N. Y. 200; Wilson v. Baillie Mfg. Co. v. City of New York, 122 App. Div. 622; Fitzgerald v. Colt-Stewart Motor Co., Inc., 231 id. 176); but because of the disagreement it is…