Wolfkiel v. . Sixth Avenue R.R. Co.

The Appellant presents a single question in this case for the consideration of this Court, and that is, whether the Judge upon the trial was justified in submitting the question of negligence to the jury ?

The Defendants claim that he was not, but on the contrary, should have nonsuited the Plaintiff.

In actions of this kind the negligence of the Defendants is the gist of the action; but the absence of negligence on the part of the Plaintiff is essential to the maintenance of the action.

The first question to be considered in this case is, whether, upon the evidence in the case, the driver of…