Earle v. Clyde Steamship Co.

This is a motion to set aside the verdict of a jury in favor of the plaintiff. The ground of the motion is that the accident to the plaintiff’s intestate was caused solely by the act of a fellow-servant, and that no negligence on the part of defendant has been shown. The evidence of the plaintiff’s witnesses, which the jury was at liberty to believe, shows substantially the following state of facts, viz.: The plaintiff’s intestate was employed by the defendant in unloading a steamship belonging to said defendant, and was killed by falling through the middle hatchway on the lower deck into the…