65 A. 602 | R.I. | 1906
The defendant brings his bill of exceptions on the grounds that the presiding justice erred, first, in refusing to grant his motion for a nonsuit; secondly, in allowing the plaintiff to introduce further testimony after the nonsuit was refused; and thirdly, in denying a motion for a new trial on the ground that the verdict was against the evidence.
The first two exceptions are untenable. Generally no exception lies to a refusal to grant a motion for a nonsuit.Payton v. Sherburne,
The exceptions are overruled, and the cause is remanded to the Superior Court for judgment on the verdict.