Consolidated Traction Co. v. Thalheimer

The opinion of the court was delivered by

Magie, J.

The judgment in this case was recovered by Albert Thalheimer and his wife against the Consolidated Traction Company, for damages sustained by each of them from an injury to Mrs. Thalheimer for which the jury found the traction company to be liable.

The questions raised by the assignments of error can all be considered under the assignment which challenges the correctness of the refusal of the trial judge to nonsuit the plaintiffs below.

When the motion to nonsuit was made the only evidence of the liability of the traction company was that given…