Eastern Contractors Inc. v. Zinkand

This is an appeal from a judgment for defendant on ""Motion for a directed verdict"" in a negligence case tried before the court without a jury. The rules of practice and procedure do not provide for a directed verdict in a nonjury case. Trials Rule 5, Demurrer to Evidence, authorizes a motion, ""at the close of the evidence offered by an opponent for a dismissal on the ground that upon the facts and the law he has shown no right to relief."" In the Reporter's Explanatory Notes to the rules it is stated, ""Rule 5 merely provides the equivalent of a directed verdict in cases tried by the court alone pursuant to Trial Rule 9"". Code, 1947 Supp., page 2075. Whether Rule 5 may in any event provide more or less than the exact equivalent of a directed verdict, we need not consider. From the record it is clear that the court regarded the ""motion for a directed verdict"" as involving only the legal sufficiency of the evidence; we shall so regard it.