Northern Commercial Co. v. Nestor

It is contended on the part of the plaintiff in error that the court below should have instructed the jury to return a verdict in its favor. The refusal of the court to do so was, in our opinion, clearly right. The evidence showed without conflict that the defendant in error was at the time that he was shot sitting on the upper deck of the steamer, near the captain’s cabin, reading. There was testimony going to show that on the day of the accident— which was July 1, 1902 — as well as the day before there had been much shooting by the passengers and others on board, with pistols, guns, and…