Burrows v. Atlas Steamship Co. — 61 N.Y. Super. Ct. 206

Majority

p. 206

GEORGE R. BURROWS, Appellant v. THE ATLAS STEAMSHIP COMPANY, Respondent.

Headnote

Trial—Effect of a request by both, sides for direction of verdict by the judge upon the testimony.

In an action to recover damages for alleged wrongful discharge, each side at the conclusion of the evidence moved for the direction of a verdict in its favor. The trial judge thereupon directed a verdict in favor of the defendant. Held, that the request of each side operated to give the judge the office of the jury, and that as the evidence was not conclusively in favor of the plaintiff, the disposition of the case by the trial judge was final.

Before Sedgwick, Ch. J., and McAdam, J.

Decided May 2, 1892.

Appeal by plaintiff from a judgment entered upon tbe verdict of a jury directed by the trial court, and from an order denying a motion for a new trial upon the minutes.

The action was brought to recover damages for the alleged wrongful discharge of plaintiff from defendant’s employ before his term of service had expired. The defence was that plaintiff had been guilty of acts of misconduct and insubordination which justified his discharge.

Frederick Ingraham, attorney, and James W. Treadwell of counsel, for appellant.

Cary & Whitridge, attorneys, and Edwin T. Rice, Jr. of counsel, for respondent.

There were no errors of law made during the course of the trial. At the end of the testi

p. 207

mony each side asked that a verdict he directed in its favor. This gave to the judge the office of the jury. The evidence was not conclusively in favor of the plaintiff, and the finding of the judge for the defendant was final.

Judgment and order appealed from affirmed, with costs.