Weaver v. Benton-Bellefontaine Railway Co.

The only point made by defendant on this appeal is that, upon the entire evidence adduced upon the trial, the court should have instructed the jury to find a verdict in its favor. At the close of the entire evidence the defendant requested such an instruction, and the court refused it, and the defendant excepted and still excepts. The jury thereupon found a verdict for the plaintiff. The rule in this state is that it is the duty of the court to give such an instruction at the close of the plaintiff’s case, if all the evidence adduced by him is insufficient to support a recovery, or at the…