Cohen v. Suburban Sidney-Hill, Inc.

This is an action of tort to recover for personal injuries sustained by James Cohen, a minor, and for consequential damages sustained by his father, Harry A. Cohen. The declaration is in two counts, one brought by the minor, the other by his father. Upon the conclusion of the opening statement by the plaintiffs’ counsel, the court allowed a motion by the defendant for a directed verdict on each count, to which the plaintiffs excepted.

When a motion for a directed verdict for the defendant is allowed upon the plaintiff’s opening, the statements by the plaintiff’s counsel in the opening are…