Smith, to Use v. Smith

Opinion by

Mr. Justice Schaffer,

The trial judge closes his opinion on defendants’ motion for judgment non obstante-veredicto and for a new trial with the statement, “In justice to myself I want the appellate court to know that counsel on both sides either did not know how to present their respective contentions or this court did not know how to grasp them. At all events the court did the best it could to reach an equitable verdict.” Our reading of the confused and cloudy record causes us to appreciate the comment of the judge who listened.as it was made. One feature of it is noteworthy;…