Pollock v. . Pennsylvania Iron Works Company

157 N.Y. 699 | NY | 1898

The legal effect of the omission of the defendant at the close of the testimony to move either for a dismissal of the complaint or the direction of a verdict in its favor was to consent to the submission of the case to the jury. We are, therefore, prevented from considering whether the defendant was entitled to judgment. None of the exceptions to the charge call for a reversal.

The judgment should be affirmed.

All concur.

Judgment affirmed.