Smith v. Kirby

The opinion of the court was delivered by

Lloyd, J.

The case is here a second time and after a third trial on proofs varying but slightly from those presented in the earlier appeal, when judgment for the defendant entered on a verdict directed in his favor was reversed on the ground that such direction was error.

At the present trial motions for nonsuit and for direction of a verdict in favor of the defendant were denied and these rulings are the basis of the present appeal.

The grounds for the motions were that there was no pro'of of agency and that there was no proof of negligence in the…