MR. JUSTICE GRAY, after stating the case as above reported, delivered the opinion of the court.
The refusal of the court to instruct the jury, at the close of the plaintiff's evidence, that she was not entitled to recover, cannot be assigned for error, because the defendant at the time of requesting such an instruction had not rested its case, but afterwards went on and introduced evidence in its own behalf. Grand Trunk Railway v. Cummings,
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