Keefe v. Cleveland City Railroad

Phillips, J

This motion to direct a verdict is based, in argument, upon three grounds:

(1.) The first one I shall speak of is, that n cestui que trust can not maintain such action — that he has not such, interest in, or title (o, the property as gives him a right of action for the kind of injury complained of here. This question has heretofore been decided, I understand, upon demurrer to. the petition, and has been decided against the defendant. For that reason I will not further consider this groun', but will follow the decision of this court, by another member of it, already made in this cate.