Wyatt Coal Co. v. Detroit Edison Co.

ROSE, Circuit Judge.

The parties will be here described by the positions they held below; that is to say, the plaintiff in error will be called the defendant, and the defendant in error tho plaintiff. When this case was first before us, wo held that the right of action was not barred by limitations, but that tho plaintiff’s damages for short delivery wore limited to 20- cents per ton. 1 F.(2d) 788. At tho retrial below, there was a, directed verdict for tho plaintiff, and this time it is the defendant which brings the ease here. It claims that the jury should have been instructed to return a…