Massachusetts Bonding & Insurance Co. v. Reynolds

While I agree with the majority view that it cannot be said that there was no evidence to take the case to the jury; I cannot agree that the judgment should be affirmed.

*994At the conclusion oí the evidence in this case, the district judge stated, “I don’t see very much case here, but it is a jury case and in order to see a case or not to see a case you have to pass on the testimony, and I believe I will submit it to the jury.” This expressed dubiety as to the sufficiency of the evidence and its resolution by submitting the question to the jury emphasizes, indeed gives dramatic force to,…