Charlotte Nat. Bank v. Southern Ry. Co.

Citations

• 179 F. 769
• 103 C.C.A. 261
• 1910 U.S. App. LEXIS 4702

Syllabus

<p>Trial (§ 177*) — Direction of Verdict — Effect of Motion by Both Parties.</p> <p>Where both parties at the close of the testimony request peremptory instructions in their favor, but also at the same time ask for special charges to be given in the event that the peremptory requests are denied, some of them relating to conflicting evidence from which divergent inferences could be drawn, such peremptory requests do not affirm that there are no disputed questions of fact which should be submitted to.the jury.</p> <p>[Ed. Note. — For other eases, see Trial, Cent. Dig. § 400; Dec. Dig. § 177.*</p> <p>Operation and effect of motions by both plaintiff and defendant for direction of verdict, see note to Love v. Scatcherd, 77 O. C. A. 8.]</p>