Smith v. Hamakua Mill Co.

OPINION OF THE COURT BY

PERRY, J.

For past history of this ease, see 13 Haw. 245, Tb. 716, and 14 Haw. 669. The case is now here on defendant’s exceptions taken at the third trial.

At the close of the evidence the defendant moved that the jury be directed to render a verdict in its, the defendant’s, favor, upon the ground, among others, “that upon the undisputed and uncontradicted facts shown by all the evidence in said cause, the defendant’s defense of the statute of limitations was and is fully sustained, both in fact and in law,” and after verdict moved, on the same ground, for judgment ?ian…