Batson v. Western Union Telegraph Co.

HUTCHESON, Circuit Judge.

Appellant, entering appellee’s premises to send a telegram, slipped and fell. Her suit for the injuries she sustained went against her. The District Judge, when her evidence closed, of the opinion that her own testimony (she was the only witness offered to show what happened) showed she had no case, instructed a verdict for defendant. She urges upon us that in doing so he fell into the error of drawing his own fact inferences from what she said, instead of letting the jury draw them.

Appellee insists that appellant’s testimony, clear, definite, simple, and brief,…