Witort v. Chicago & North Western Railway Co.

Action to recover for the death of defendant’s employe, while engaged in interstate traffic, alleged to have been caused by its negligence. A verdict was directed in favor of defendant. From the order denying a new trial plaintiff appeals.

The evidence made it an issue for the jury to determine whether defendant’s negligence was the proximate cause of the death of Stephen Witort, plaintiff’s intestate. Contributory negligence of deceased did not appear as a matter of law. Hence, the only ground upon which the directed verdict stands is that there was not sufficient evidence warranting the jury…