| Railroad law - 1899 - 908 pages
...a wiper, and was prohibited by the rules of the company to move an engine under any circumstances. At the close of the plaintiff's case, and again at the close of the whole case, the defendants separately demurred to the evidence. The court overruled the demurrer, and defendants excepted.... | |
| Law reports, digests, etc - 1900 - 938 pages
...seen the servant drunk several times, and did not state that these were not times when the servant plaintiff's case, and again at the close of the whole case, the defendants separately demurred to the evidence. The court overruled the demurrer, and defendants excepted.... | |
| John Milton Gardner, Walter James Eagle - Employers' liability - 1901 - 836 pages
...appellant. JB BURKHALTER and NOBLE & SHIELDS, for respondent. MARSHALL, J. (after stating the facts). — I. At the close of the plaintiff's case, and again at...whole case, the defendant demurred to the evidence, and the court overruled the same. This is the first error assigned. The failure of the defendant to... | |
| Railroad law - 1901 - 1020 pages
...appellant. JB Burkhalter and Noble & Shield, for respondent. Marshall, J. (after stating the facts), 1. At the close of the plaintiff's case, and again at...whole case, the defendant demurred to the evidence, and the court overruled RCas (N s) Neville v. St. Louis, etc., Ry. Co the same. This is the first error... | |
| Law reports, digests, etc - 1904 - 872 pages
...plaintiff was the absence of a fence and in its absence the high rate of speed. A non-suit was moved both at the close of the plaintiff's case and again at the close of the whole case, but the learned Judge refused the motion. The broad question upon this appeal is whether, under the... | |
| Canada - 1901 - 1144 pages
...Where in the course of the trial of an action before a Judge and jury a motion for a nonsuit is made at the close of the plaintiff's case, and again at the close of the whole evidence, and the Judge adopts the course of taking a verdict, and of fully hearing and considering... | |
| New York (State). Courts - Law reports, digests, etc - 1902 - 916 pages
...there any evidence in the case that he is a relative, either by blood or marriage, of the insured. At the close of the plaintiff's case and again at the close of the whole case the defendant made various motions for a dismissal of the complaint, which motions were denied and exceptions duly... | |
| New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1902 - 780 pages
...quite consistent with the existence of a defect in the bar which did not operate to cause the accident. At the close of the plaintiff's case, and again at the close of the whole evidence, the defendant's counsel moved for a dismissal of the complaint, and the refusal of the motion... | |
| New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1903 - 778 pages
...against the plaintiff. From the judgment entered on this decision both parties appeal to this court. At the close of the plaintiff's case, and again at the close of the whole case, the defendant moved for a dismissal of the complaint on the ground of variance between the allegations of the complaint... | |
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