Tarter v. United States

HAMILTON, District Judge.

This case is pending before me on motion for new trial filed by the defendant, in support of which two grounds are urged: First, it is argued with great zeal by counsel for the defendant that a directed verdict was proper; and, second, the court’s instructions were erroneous. A determination of the first ground requires a statement of the ultimate facts.

The plaintiff on May 3, 1913, at the age of 27, entered the Army of the United States as a private at Fort Logan, Colo. On April 28, 1919, he was discharged at Camp Taylor, Ky. He was a member of the American…