Sampliner v. Motion Picture Patents Co., 254 U.S. 233 (1920)

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Sampliner v. Motion Picture Patents Company

No. 89

Argued November 12, 1920
Decided December 6, 1920
254 U.S. 233

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

A party who joins the opposing party in requesting the district court to instruct peremptorily upon the ground that the evidence entitles him to a verdict as a matter of law may reserve his right to go to the jury if the court should regard the facts as disputed, and where such reservation is properly made, the court cannot ignore it and assume to find the facts from the evidence as though the case had been unconditionally submitted. P. 239.

Held that adequate and timely reservation of the right was made in this case.

255 F. 242 reversed.

The case is stated in the opinion.