H. M. Wilcox v. Lester Schloner

Action in the district court for Hennepin county to recover for injuries sustained by plaintiff when struck by defendants auto. The case was tried before William A. Anderson, Judge, and a jury, and a verdict of $600 returned for plaintiff. Defendant moved for judgment notwithstanding the verdict or for a new trial. Plaintiff objected to defendants right to move for judgment notwithstanding on the ground that he had not made a motion for a directed verdict at the close of the testimony. Thereupon, upon defendants motion, the court granted him leave to make such a motion nunc pro tunc as of the close of the testimony, and then denied his motion. The court then granted defendants motion for judgment notwithstanding, and plaintiff appealed from the judgment entered pursuant thereto.