Schultz v. Erie R.

BUFFINGTON, Circuit Judge.

In the court below John E. Schultz, hereafter called plaintiff, brought suit against Erie Eailroad Company, hereafter called defendant, to recover damages for personal injury inflicted on Mm by the alleged negligence of defendant while operating a train. After hearing plaintiff’s proofs, the trial judge granted a compulsory nonsuit on two grounds, first, that plaintiff was guilty of contributory negligence; and, second, that there was no proof of negligence of defendant. On its refusal to take off such nonsuit, this appeal was taken, and the questions here involved…