Holt v. Rural Weekly Co.

Defendant appeals from the order denying its motion in the alternative for judgment notwithstanding the verdict or a new trial.

For a sufficient statement of the case reference is made to the opinion in the former appeal, Holt v. Rural Weekly Co. 173 Minn. 337, 217 N. W. 345. The main contention now is that plaintiff failed to prove a cause of action, and hence defendant should have judgment. The record discloses that at the start of the present trial appellant’s counsel stated:

“In the original ruling the judges awarded first prize to L. V. France, but since the case has gone to the supreme…