133 Iowa 64 | Iowa | 1907
Thus the record stood when defendant filed its motion for a directed verdict.
The motion was submitted and sustained on Saturday, May 6, 1905. On the succeeding Monday morning plaintiff asked leave to introduce further testimony as to when the curbing and grading was done and proposed to show that the
The trial court was justified in refusing to receive the testimony offered after it had passed upon the motion to direct a verdict, but, as it placed its ruling upon another ground, and thus caused plaintiff to elect between testing the correctness of this ruling or dismissing his case before submission to a jury, the case should be disposed of upon the ground assigned.
Nor the errors pointed out, the judgment must be, and it is, reversed. Each party will pay one-half the costs of this appeal. The result is that the first case must be reversedj and the second case affirmed.