Prescott v. Laconia Car Co. Works

The reported facts so plainly disclose a conflict of testimony upon material points in issue between the parties that we cannot doubt that the motion to direct a verdict for the defendants was properly denied. Indeed, if the case made by the plaintiff was not one emphatically for the jury, we should find great difficulty in defining when a plaintiff is entitled to invoke their judgment.

Exception overruled.

CHASE and WALKER, JJ., did not sit: the others concurred.