Keystone Steel & Wire Co. v. Kokomo Steel & Wire Co.

(after stating the facts as above). Because of the waiver of a jury trial, defendant argues that plaintiff’s assignments of error axe not reviewable. This urge is rejected, first, because the motion made at the close of the trial was intended and understood to present a question of law which was reviewable by a writ of error (Quarles v. City of Appleton [C. C. A.] 299 Fed. 508); and, second, because the sufficiency of the evidence to sustain or defeat a liability is a ruling that may be reviewed upon writ of error even though the parties stipulate to waive a jury trial.

Respecting liability,…