Thonnesen v. Montgomery Ward & Co.

INCH, District Judge.

This is a motion to dismiss the complaint made at the close of plaintiff’s case and renewed at the close of the trial.

Decision was reserved until a verdict, if any, of the jury.

The jury disagreed and were duly discharged. Thereupon the court after exchange of briefs heard the motion.

While there are several plaintiffs, and several identical motions, I shall hereafter refer to all as one motion.

Defendant moved to dismiss on the ground that the plaintiff had failed to make out a cause of negligence on the part of defendant' in the manufacture and sale of a kerosene oil…