Carleo v. Delaware, Lackawanna & Western Railroad

The opinion of the court was delivered by

YREDENBURGH, J.

The counsel for the plaintiff in error insist that the trial court erred in refusing to grant their motions for a nonsuit, and for a direction of a verdict in favor of their client. If there was any testimony from which the jury could have reasonably concluded that the facts required to be proved by the plaintiff below were established, it *608will be conceded that this action of the court was not error. There were two elements of proof essential to a recover}' by the plaintiff. The first, that the accident occurred and the plaintiff was…