Blunt v. Chicago, M., St. P. & P. R. Co.

WOODWARD, District Judge.

At the close of the evidence for the plaintiff, a motion for a directed verdict is made on behalf of the defendant.

In passing upon this motion, the court is controlled by the rule announced in Union Pacific Railway Co. v. McDonald, 152 U. S. 262, 283, 14 S. Ct. 619, 627 (38 L. Ed. 434), as follows:

“The Court may withdraw a case from the jury altogether, and ‘direct a verdict for the plaintiff or the defendant, as the one or the other may be proper, where the evidence is undisputed, or is of such conclusive character that the court, in the exercise of a sound judicial…