Holmberg v. Donohue

In a negligence action to recover damages for personal injury, the defendants appeal from a judgment of the Supreme Court, Nassau County, entered December 2, 1964, upon an order of the court directing a verdict as to liability in favor of the plaintiff, and upon the jury’s verdict of $7,000 on the issue of damages. Judgment reversed on the law and facts, and a new trial granted, with costs to abide the event. In our opinion, the trial court erred in directing a verdict sua sponte in plaintiff’s favor at the close of the entire case. *570The court was required to take the view of the evidence most…