HAMILTON, District Judge.
This case is pending before me on motion for new trial filed by the defendant, in support of which two grounds are urged: First, it is argued with great zeal by counsel for the defendant that a directed verdict was proper; and, second, the court's instructions were erroneous. A determination of the first ground requires a statement of the ultimate facts.
The plaintiff on May 3, 1913, at the age of 27, entered the Army of the United...
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