Slayton v. Fremont, Elkhorn & Missouri Valley Railroad

Ryan, C.

This action was brought by plaintiff in error for injuries sustained by Delos F. Slayton. After all the evidence had *841been introduced tbe court gave the jury the following instruction: “You are instructed that the evidence adduced in this case will not sustain a verdict for the plaintiff, and you are instructed to find and return a verdict for the defendant.” The cause is brought to this court to determine whether the evidence justified the instruction given. The facts proved, and for the most part stated, in the identical language in which the evidence is found summarized in the brief…