[Download] "Eastern Contractors Inc. v. Zinkand" by October Term, 1951 Court of Appeals of Maryland No. 88 ~ Book PDF Kindle ePub Free

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eBook details

• Title: Eastern Contractors Inc. v. Zinkand
• Author : October Term, 1951 Court of Appeals of Maryland No. 88
• Release Date : January 08, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

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.

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