Jones v. Chicago & Northwestern Railway Co.

This is an appeal from an order granting a new trial, upon motion of the respondent, founded upon the minutes of the court. The only point made by the appellant is that, the .judge having’upon the trial refused to order the plaintiff nonsuited on the motion of the respondent, upon the evidence offered by the plaintiff, on the ground that there was some evidence given on his part which sustained the alle*353gations of the complaint, the case was thereupon submitted to the jury upon the plaintiff’s evidence, the respondent offering none on its part, and the jury, under the instructions of the…