150 Iowa 91 | Iowa | 1911
The plaintiff brought his action for damages for personal injuries. The case came on for trial before a court and jury in October, 1909. At the close of plaintiff’s evidence, the defendant moved for a directed verdict. The court entered an order sustaining the defendant’s motion for a directed verdict and included in his entry a “judgment on the verdict against plaintiff for costs.” At the time of such entry, no verdict had in fact been rendered by the jury or directed by the court. While the jury was still in the bos, and before the court had given any instruction or direction to the jury in relation to the verdict, the plaintiff moved that the order of the court be set aside and that the plaintiff be permitted to file an amendment to his petition which he presented with his motion. The trial court granted such application and set aside its previous order, and permitted the plaintiff to file his amendment. This action of the trial court was resisted by the defendant and exception was taken thereto, and it is now complained of on this appeal.
The order of the trial court must be affirmed.