Keen v. Davis

Plaintiff appeals from the judgment of the Circuit Court of Wayne County, entered upon allowance of defendants’ motions for a directed verdict at the close of the plaintiff’s case.

Defendants have filed a motion to dismiss the appeal on the ground that plaintiff, having failed to file a post-trial motion, has waived the right to apply for a new trial, and the failure to file such post-trial motion prevents consideration of the appeal on its merits. The motion to dismiss the appeal was taken for consideration with the case.

The issue presented by defendants’ motion was considered and decided by…