McCool v. Davis

This case has been here before and is reported in 158 Minn. 146, 197 N. W. 98. We then reversed an order denying a new trial because, to a majority of the court, there seemed to be a defect of proof, one however possible of being made good on another trial. In consequence, the case was returned for a new trial. The result is another verdict for plaintiffs, followed by a motion on behalf of defendant for judgment notwithstanding the verdict or for a new trial. This appeal is from the denial of that motion.

Before proceeding to the merits! of the case, it is well for us to say, in view of a…