Darling v. N.Y., P. B.R.R. Co.

The defendant petitions for a new trial on several grounds, of which three only were urged at the hearing, viz.: first, that the verdict was against the evidence; second, that the court erred in its instructions to the jury; third, that the jury were influenced in their decision by a communication to them by the officer in charge of them.

We think the evidence was sufficient to warrant the jury in finding that the deceased was thrown from the train by coming in contact with the lower bar of the telltale; that the telltale, though safe for brakemen upon trains composed of cars of the ordinary…