Summary
In Dillon v. Cockcroft (90 N.Y. 649) the head note is as follows: "Where, upon a trial the parties do not ask to go to the jury on the facts, but the defendant moves to dismiss the complaint, and the plaintiff moves the court to direct a verdict, this is in effect an agreement to submit the questions of fact to the court, and if there is any evidence to uphold the decision, it will be sustained."
Summary of this case from Lyman v. MeadOpinion
Argued October 11, 1882
Decided October 24, 1882
E.P. Johnson for appellant.
James Armstrong for respondent.
MILLER, J., reads for affirmance.
All concur, except ANDREWS, Ch. J., dissenting, and RAPALLO and TRACY, JJ., absent.
Judgment affirmed.