Fitzpatrick v. Rice

In its decision on motions after verdict the trial court stated:

“The court has referred to the problem created by defendant’s after-verdiet motion as a simple one, when in fact it is one of the most troublesome that has been presented to the court for some time. The difficulty arises in determining whether there is any reasonable inference, from the evidence introduced, to sustain the jury verdict or whether such verdict is based on conjecture and speculation.

“The failure of Gilbertson to testify leaves a clear absence of any evidence which connects his conduct with defendant’s defaults or…