Shanley v. Hurley

At the close of plaintiff’s evidence, a motion was made by defendant for a directed verdict, assigning several grounds therefor. The motion was granted, the court stating specifically, as the reason for so doing, that it was an essential element of the plaintiff’s ease to show that the mare and colt were killed without any negligence on the part of the railroad company, without which showing there was no question for the jury. On exception to this ruling, the case is here.

The tendency of the evidence, stated most strongly in favor of the plaintiff, was, that the plaintiff and the defendant…