Jolly v. Charfauros

JOHN M. McNATT, Circuit Judge.

After due notice, this cause was heard on defendant’s motion for new trial, and was argued by counsel for the respective parties.

At the request of counsel for the defendant the facts respecting ground number 3 of the motion are made a part of the record as follows —

The court did not forbid “arguments concerning speed as to the contributory negligence of the deceased, Bright L. Jolly,” as asserted in the motion; but, during a discussion not made a part of the record, the court stated to counsel for the defendant that in the opinion of the court the defendant’s…