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McCABE & STEEN CO. v. WILSON

No. 155.

209 U.S. 275 (1908)

McCABE & STEEN CONSTRUCTION COMPANY v. WILSON.

Supreme Court of United States.

Decided April 6, 1908.

Attorney(s) appearing for the Case

Mr. Arthur G. Moseley, with whom Mr. Louis B. Eppstein was on the brief, for plaintiff in error.

Mr. James R. Keaton, with whom Mr. John W. Shartel, Mr. Frank Wells and Mr. John H. Wright were on the brief, for defendant in error.

MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.

When the plaintiff rested the court overruled a demurrer to the evidence. This ruling, however, cannot avail the defendant, whatever the defects then in the case, for thereafter it proceeded to introduce testimony in its own behalf, and this waived any supposed error. Accident Insurance Company v. Crandal, 120 U.S. 529, 530; Robertson v. Perkins,<...

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