United States Railroad Administration v. Hilton Lumber Co.

Stacy, J.,

after stating the case: The jury found in answer to the first and third issues that the plaintiff lawfully refused to accept the two shipments tendered by the defendant, the one car on 18 March, 1918, for delivery at Guenther’s Siding, Philadelphia, and the two cars on 22 March, 1918, for delivery at New York and at Brooklyn. -These responses were made under binding instructions from the court, or what amounted to peremptory instructions, for his Honor told the jury that if they believed the evidence and found the facts to be as testified to by the witnesses, they would answer the…