Gassman v. Jarvis

BAKER, District Judge.

This is an action for the recovery of damages for a personal injury. The case was tried to a jury. At the close of the plaintiff’s testimony, counsel for the defendant gave notice (hat be desired the court to give to the jury a binding instruction to find for the defendant, and stated that he desired to be heard on that question. Thereupon the court directed the jury to withdraw- from the court room, and the question whether or not such an instruction should be given was argued by counsel for the respective parties. At the close of the argument the court reviewed the…