Miller-Crenshaw Co. v. Colorado Mill & Elevator Co.

WOODROUGH, Circuit Judge.

An opinion in this case was handed down by this court on July 20, 1936, 84 F.(2d) 930, 931, but rehearing was granted because it was made to appear that this court had been led into the mistaken belief and declaration that “at the close of all the evidence both sides moved for a directed verdict.” The plaintiff in the court below did move for a directed verdict at the close of all the evidence, but the defendant did not. On the contrary, it requested certain instructions to be given to the jury. The defendant did not, however, except to the refusal of the trial court…