Foster A. MacEdward v. Northern Electric Co., Ltd.

I respectfully dissent from the result reached by my colleagues. I would reverse the judgment below and order that judgment be entered for the defendant. The sole contention the parties have presented to us upon this appeal is whether the district court erred in failing to grant the defendant-appellant’s motions for a directed verdict or for judgment notwithstanding the verdict. The question of whether the trial court’s charge to the jury was so prejudicial that the case ought to be retried was not raised as error by either of the parties; it was not argued in the appellate briefs; and,…