Steil v. Holland

(after stating the facts as above). As the record fails to show that defendants below, plaintiffs in error here, moved for an instructed verdict on the ground of the insufficiency of the evidence, the general assignment that the evidence is insufficient to justify the verdict presents no question for review. Bank of Italy v. Romeo (C. C. A.) 287 F. 5. In Penn Casualty Co. v. Whiteway, 210 F. 782, 127 C. C. A. 332, we said: “When an action at law is tried before a jury, their verdict is not subject to review, unless there is absence of substantial evidence to sustain it, and even then it is…