DICKINSON, District Judge.
Had this cause been tried in the state court, the motion would have been one for judgment in favor of the defendant n. o. v. Such a motion would meet the practical situation, because, if the argument for the defendant is accepted and following it the present rule is made absolute, it would logically lead upon a new trial to binding instructions for the defendant. The real question is whether the case should have been submitted to the jury...
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