WINTER v. UNAITIS

No. 1170.

189 A.2d 547 (1963)

Harold WINTER and Georgia Winter b/n/f Harold Winter v. John UNAITIS and Marjorie T. Unaitis.

Supreme Court of Vermont. Windham.

March 6, 1963.


Attorney(s) appearing for the Case

John A. Rocray and Robert H. Gibson, Brattleboro, for plaintiff.

Fitts & Olson, Brattleboro, for defendant.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.


SHANGRAW, Justice.

This is a negligence action. The case came on for trial by jury. The jury was empanelled, and at the close of the plaintiffs' opening statement the defendants moved that the cause be dismissed on the ground that the facts enumerated in the statement, even if proved, would not support a verdict for the plaintiffs. This motion for a dismissal was amended to one for a directed verdict on the same ground.

The motion, as amended, was denied,...

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