Ziegler v. International Railway Co.

At the close of plaintiff’s case, defendant moved for a dismissal of the complaint for failure to prove negligence and freedom from contributory negligence; also because the proof affirmatively showed plaintiff guilty of negligence which was the cause of the accident. Thereupon the court said: “ I will grant the defendant’s motion.” We have no means of knowing the particular ground upon which the ruling rested. The judgment *44as entered, that is, the postea, adjudged “ that this action be and the same hereby is dismissed upon the merits, and that the defendant have judgment against the…