Penoso v. D. Pender Grocery Co.

court.

This case arose out of a collision between an automobile and a truck. At the conclusion of plaintiff’s evi*247deuce in the trial below, the court granted defendant’s motion to strike the evidence and on its own motion instructed the jury that there was no evidence in the case on which they might find for the plaintiff. Despite this, the jury returned a verdict for the plaintiff in the amount of $500. Thereupon defendant moved that this verdict be set aside as contrary to the law and evidence, and the court sustained the motion.

The question which we are called upon to decide is whether…