Weiss v. Wallach

This is a personal injury action. The case was tried before a court and jury. A verdict was returned in favor of plaintiff in the sum of $500. At the close of the plaintiff’s case the court reserved decision on the motion made by the defendants to dismiss. After defendants had introduced their testimony and both sides had rested, the motion to dismiss the complaint was renewed by the defendants. The court thereupon stated: “ Denied. I give you an exception. I think it is a question for the jury.”

After the verdict was returned in the absence of trial counsel, one of the attorneys of record for…