Skidmore v. Baltimore & Ohio Railroad Co.

167 F.2d 54 (2nd Cir. 1948)

Facts

Defense counsel proposed a special verdict to the judge in the case by propounding suggested questions to the jury. The judge refused that request and instructed the jury in the subject matter of the Defense's questions but told the jury to return a general verdict. No exception was taken to this charge. The jury gave P the award and D moved for a directed verdict or a new trial. That was denied, and D appealed.