Brady v. Southern Railway Co.

The question chiefly debated on the appeal was whether •the evidence offered by the plaintiff was sufficient to carry the case to the jury. The defendant assigns error in the failure of the court below to sustain its motion for judgment of nonsuit. The determination of this question requires a careful consideration of the evidence adduced at the trial as shown by the record before us. The material facts as thus made to appear may be stated as follows :

The plaintiff’s intestate was a member of the train crew in charge of a freight train proceeding north, during the early morning hours of 25…