Central Vermont Ry., Inc. v. Sullivan

BINGHAM, Circuit • Judge.

This is an action under the Employers’ Liability Act of April 22, 1908, c. 149, 35 Stat. 65, as amended by Act of April 5, 1910, c. 143, 36 Stat. 291 (45 U.S.C.A. §§ 51-59), to recover damages for injury and death of the plaintiff’s intestate, Patrick Sullivan. The plaintiff is his widow and the duly appointed administratrix of his estate.

At the close of all the evidence the defendant moved for a directed verdict. The District Court did not then pass upon the motion, but specifically reserved the right to do so after the submission of the case to the jury and the…