Gilbert v. Chicago, R. I. & P. Ry. Co.

LOCHREN, District Judge.

Plaintiff introduced his testimony and rested his case, whereupon counsel for defendants moved the •court to instruct the jury to return a verdict for the defendants. After argument by respective counsel, the court rendered the following decision, orally:

Upon this motion of the defendant that the court direct a verdict in favor of the defendant, the rule necessarily and properly is that the evi*833dence in the case adduced by the plaintiff shall be construed most favorably for the plaintiff, and that any facts which establish or tend to establish or support the plaintiff’s…