Melville Fuller,
Treat Manufacturing Company v. Standard Steel Iron Company…
“ The only ground relied on to sustain the jurisdiction of this court is that the case 'involves the construction or application of the constitution of the United States,' because plaintiff in error was deprived of the right of trial by jury. But it is well settled that where the trial judge is satisfied upon the evidence that the plaintiff is not entitled to recover, and that a verdict, if rendered for plaintiff, must be set aside, the court may instruct the jury to find for the defendant. ”
