New York Central Railroad v. Verkins

On Petition for Rehearing

Royse, P. J.

Appellee, in her petition for rehearing, asserts we erred in holding it was error for the trial *323court to refuse to give appellant’s instruction G (set out in our original opinion) which instructed the jury to find for appellant on the allegation in the complaint that it failed to keep any lookout for said crossing. She asserts the only proper way this question can be raised “is to réquest the trial court to withdraw the issue from the jury.” She asserts the authorities we cited were where the court refused to withdraw the issue from the jury. Second, she…