Wright v. Southern Ry. Co.

DICK, District Judge.

(A civil action to recover damages for the death of plaintiff’s intestate by reason of the negligence of the defendant companies.) At the close of the plaintiff’s case, the counsel of defendants declined to introduce evidence in defense, and made a motion to the court for an instruction to the jury to render a verdict for the defendants on the issues of fact submitted to them. This motion is, in substance, a demurrer to the evidence, and admits the truth of the matters of fact shown by the testimony. As there is no conflict in the evidence of plaintiff, the question of…