F. W. Woolworth Co. v. Carriker

STONE, Circuit Judge.

From a judgment on verdict in a personal injury case defendant brings this appeal.

The only matter, presented here is the sufficiency of the evidence to authorize submission of the case to the jury. At the conclusion of the evidence for the plaintiff, defendant filed a motion for an instructed verdict, as follows: .

“At the close of the evidence on behalf of plaintiffs, defendant moves the court to charge the jury that under the law and the evidence herein, plaintiffs have failed to make a submissible case against defendant, and the verdict must be in defendant’s favor, for…