Malone v. Erie Railroad

The opinion of the court was delivered by

Garrison, J.

This was an action for damages for the negligent transportation of skins whereby they heated and were in part spoiled.

A motion to direct a verdict was. made during the argument, ■of which the court several times gave expression to a view of the case favorable to the granting of the motion, and when these expressions had reached a point that satisfied counsel for the plaintiff that in the view of the court his evidence was not sufficient to make a ease for the jury, he said to the court that lie would take a nonsuit. This right; the court,…