MR. JUSTICE HARLAN delivered the opinion of the court. He stated the facts in the foregoing language, and continued:
At the close of the evidence introduced for the plaintiff, the defendant, by counsel, moved the court to instruct the jury that upon the pleadings and evidence the plaintiff could not recover. That motion was denied, and the action of the court — to which the defendant at the time excepted — is assigned for error. This instruction, it...
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