Nelson v. Northumberland

If a motion for a directed verdict for the defendant had been made at the close of the evidence it necessarily would have been granted. Under these circumstances it is not an occasion for surprise that the verdict for the plaintiff is found to be nugatory.

The jury was instructed as follows: “If this sewer was not at all times up to the bringing of this action sufficient to take care of the surface and sewerage water, if it was not, then the plaintiff is entitled to a verdict. If it was sufficient, that is the end of the case and the defendant should have a verdict.”

“If it was not sufficient…