Cutler v. Brockington

George Eilperiít, J.

On rendition of the verdict in favor of the plaintiff the court afforded plaintiff the opportunity to brief two points. First: as to whether the court had the authority, having denied the defendant’s motion to dismiss the complaint at the end of the plaintiff’s and defendant’s case, thereafter to vacate its ruling and upon the entire case reserve decision with respect to defendant’s motion to dismiss the complaint. Second: Did the plaintiff establish a prima facie case?

*29With, reference to the first proposition, the cases cited by counsel, to wit, Dougherty v. Salt (227 N.…