Tanner v. Ballard & Ballard Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action at law by Wilson P. Tanner against the Ballard & Ballard Company, Incorporated. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
HOUGH, Circuit Judge.
[1] At the close of all the evidence both parties moved for á directed verdict. It follows that whatever controverted issues of fact are revealed by the record are for our purposes conclusively determined in favor of the party whose motion was granted. City v. Third Nat. Bank, 221 Fed. 175, 137 C. C. A. 75, certiorari denied 238 U. S. 628, 35 Sup. Ct. 791, 59 L. Ed. 1496. In any usual sense of the phrase, however, there is no controversy over the facts; there is but a difference of opinion as to the inferences to be drawn from uncontradicted evidence.
[2] Plaintiff is a…
2Cases cited3 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Dorrance v. Barber & Co.Court of Appeals for the Second Circuit · 1919
- City of New York v. Third Nat. BankCourt of Appeals for the Second Circuit · 1915