Collins v. Smith

J. B. McPHERSÓN, District Judge.

In the present state of the record, the motion by the defendants for judgment notwithstanding the verdict is not appropriate. No question of law was reserved at the trial; the jury was simply directed by the court to render a verdict in favor of the plaintiff, and, according to the established practice in Pennsylvania, it would therefore be impossible to enter judgment in favor of the defendants, even if they were otherwise entitled thereto. This motion must be refused.

In order to understand the question raised by the motion for a new trial, a brief recital of…