Moll v. Bayha

Lively, Judge:

At tbe conclusion of the evidence the court, on motion of plaintiff, instructed the jury to find for plaintiff, a verdict was returned as directed, and after the usual motion to set aside, judgment was entered on the verdict for $6,480.00 on January 17, 1929. This writ followed. Defendants asked the court for a peremptory instruction in their favor, and for other instructions, all of which were refused.

Defendants contend that they should have had a peremptory instruction, or if not, then the question of their negligence should have been submitted to the jury under proper…