Morrison Waite

“ If the jury had found a verdict in favor of the defendant, the court should have set it aside as against what is admitted to have been proved. Under such circumstances a judgment will not be reversed on account of a positive instruction to find for the plaintiff. ”

“ The evidence seems to have left no doubt on this subject, for it is expressly stated in the bill of exceptions to have been proved that the porcelain ground on which the painting was done 'did not in itself constitute an article of chinaware.' Such being the case, the painting which was done on it did not make it decorated chinaware. ”