Meldram v. Curtis & Bro.

DICKINSON, District Judge.

Had this cause been tried in the state court, the motion would have been one for judgment in favor of the defendant n. o. .v. Such a motion would meet the practical situation, because, if the argument for the defendant is accepted and following it the present rule is made absolute, it would logically lead upon a new trial to binding instructions for the defendant. The real question is whether the case should have been submitted to the jury. There is no pressed criticism of the verdict, either on the fact merits of the finding of negligence or the sum of the damages…