Starnes v. Dering Coal Co.

Mb. Pbesiding Justice Myebs

delivered the opinion of the court.

This was an action in case, brought by the plaintiff' in error against the defendant in error to recover damages for injuries, causing death of plaintiff’s husband. The declaration is in three counts, to which the defendant filed a plea of not guilty. The case was tried by jury, and at the. close of all the plaintiff’s evidence, a motion was made by the defendant to instruct the jury to find the defendant not guilty on each count of the declaration. This motion was allowed, the jury was instructed accordingly, and returned a…