McGarry v. Central R.R. Co. of N.J.

The opinion of the court was delivered by

Lloyd, J.

Plaintiff below recovered a verdict under the Federal Employers’ Liability act (U. S. Comp. Stat., § 8657), for the death of her husband, due, it was claimed, to the negligence of fellow-employes, and the defendant appeals.

The question presented on the appeal is whether the trial court should have controlled the case by nonsuit or by direction of a verdict for the defendant.

Deceased was an assistant section gang foreman on the Central Railroad at Elizabethport, and, when the accident occurred, was walking along the tracks of the railroad…