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EASTERN CONTRACTORS v. ZINKAND

[No. 88, October Term, 1951.]

199 Md. 250 (1952)

86 A.2d 492

EASTERN CONTRACTORS, INC., USE OF ITSELF AND FEDERAL INSURANCE COMPANY v. ZINKAND ET AL.

Court of Appeals of Maryland.

Decided February 8, 1952.

Attorney(s) appearing for the Case

Paul R. Kach, with whom was F. Edward Wheeler on the brief, for the appellant.

William D. Macmillan and William A. Fisher, Jr., with whom were Semmes, Bowen & Semmes on the brief, for the appellees.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.

MARKELL, J., delivered the opinion of the Court.

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...

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