New York Supreme Court September 15, 1908 (Tolson v. National Provident Union)

Carr, J.

On the trial of this action the defendant moved for a dismissal of the complaint and the plaintiff for a direction of a verdict. Both parties conceded that the only questions involved were those of law, and the court directed a verdict for the plaintiff subject to its opinion, as provided in section 1185 of the Code of Civil Procedure.