The rule does not authorize the court to reserve ruling on such a motion, but when the appellant proceeded to put on its case without a ruling from the court on its motion, it is deemed to have waived the same. See O'Malley v. Cover, 8 Cir., 221 F.2d 156, and Hart v. Grim, 8 Cir., 179 F.2d 334, infra, and cases cited thereafter. Although exhaustive research has been made, we have been unable to discover any case in Florida that has ruled directly on the point in question.

" Lusty v. Ostlie, N.D., 71 N.W.2d 753, 756; Spenningsby v. Peterson, N.D., 67 N.W.2d 913, 915; Geier v. Tjaden, N.D., 74 N.W.2d 361, 364; Schweitzer v. Anderson, N.D., 83 N.W.2d 416, 419; Satterland v. Fieber, N.D., 91 N.W.2d 623, 625; King v. Railway Express Agency, Inc., N.D., 94 N.W.2d 657, 659; Erdahl v. Hegg, N.D., 98 N.W.2d 217, 220. On the brake issue we are met at the outset with appellant's suggestion that, because of the faulty character of the brakes on the Stremich car, and her knowledge thereof, Lorraine and also Stremich are negligent as a matter of law under the North Dakota brake statute, § 39-1123, North Dakota Revised Code of 1943, and under this court's North Dakota case of Hart v. Grim, 8 Cir., 179 F.2d 334. "39-1123.

So far as appears from the record Jamestown did not, at the close of all the evidence, renew its demand for a directed verdict. Such a failure has been held sufficient to preclude review of the sufficiency of evidence in actions at law by an appellate court. Minnehaha County, S.D. v. Kelley, 8 Cir., 150 F.2d 356; Hart v. Grim, 8 Cir., 179 F.2d 334; Harnik v. Lilley, 8 Cir., 167 F.2d 159; Novick v. Gouldsberry, 9 Cir., 173 F.2d 496. Our conclusion, however, does not rest on this inadvertent omission on the part of counsel, for in our view there was substantial evidence in support of the verdict, and no reversible error as to Jamestown was committed by the court below. The pertinent facts are as follows. Jamestown's delivery truck rounded a curve on Depot Street and was proceeding east in the Borough of St. Marys. The curve is approximately 200 feet from the point at which the accident occurred.

Weiss v. Johnson, 206 F.2d 350 (2d Cir. 1953). Blueprints of highway maps were admissible. Hart v. Grim, 179 F.2d 334 (8th Cir. 1950). Blackboard sketch of farm area was admissible although not drawn to scale.

Under such circumstances an appellate court is precluded from reviewing the sufficiency of the evidence for the reason that the question was not presented to the trial court nor reserved during the trial, and consequently no error can be attributed to the court for failing to withdraw the case from the jury. Hart v. Grim, 8 Cir., 179 F.2d 334; Baten v. Kirby Lumber Corp., 5 Cir., 103 F.2d 272, 274; Stokes v. Continental Assurance Company, 5 Cir., 242 F.2d 893, 894; Barron Holtzoff, Federal Practice and Procedure, Vol. II, Sec. 1081. For a complete discussion of this question see 6551 Collins Avenue Corp. v. Beverlee Millen, Fla., 97 So.2d 490. The remaining assignment of error challenges the court's charge to the jury over defendant's objection upon the last clear chance.