Deemer v. United Fruit Co.

MARIS, District Judge.

This was an action at law in which the defendant at the trial submitted a point for binding instructions. The trial judge, not being prepared to affirm the point, reserved it and submitted the case to the jury, which brought in a verdict for the plaintiff subject to the point of law reserved. Subsequently, after argument the court directed judgment to be entered for the defendant upon the point of law reserved. The testimony was taken down stenographically at the trial by a stenographer employed by the parties, and the plaintiff now raises the question whether it was not…