Miller v. Morse

This case was tried in an unusual manner, apparently in an effort to reach the underlying question of law as expeditiously as possible. After a jury had been impanelled, the parties stipulated some of the facts and the plaintiffs made an offer of additional proof and the parties submitted the case to the court for its decision “ on matters of law ”. The court then decided that on the stipulated facts and on the assumption that the offer of proof “ represented the facts ”, the plaintiffs had failed to make out a case and accordingly dismissed the complaints. The dismissal, in some respects,…