Mattoon v. Fremont, E. & M. V. R.

Citations

• 6 S.D. 196
• 60 N.W. 740
• 1894 S.D. LEXIS 132

Syllabus

<p>1. A motion to direct a verdict is properly denied, when based upon a ground that is unavailable.</p> <p>2. That the evidence does not preponderate in favor of the plaintiff is not a ground for the direction of a verdict in favor of the defendant.</p> <p>3. When a judgment and order overruling a motion for a new trial is appealed from, and the ruling of the court on such motion is assigned as error, a record showing that the motion for a new trial was made on a bill of exceptions included therein, which contains a notice of intention to move for a new trial, that specifies and definitely points out the particulars in which the evidence is insufficient to justify the verdict, is sufficient to present that question to this court on appeal.</p> <p>(Syllabus by the Court.</p>