Floersch v. Donnell

The opinion of the court was delivered by

Kalisch, J.

The history of this case discloses that as a result of a fourth trial the plaintiff obtained a verdict against the defendant for $3,500, as compensation for the loss of a foot, the consequence of an injury sustained by the plaintiff, while in the defendant's service, through the defendant's negligence. At the first trial the plaintiff obtained a verdict which, was set aside by this court upon the ground that the evidence was insufficient in law to warrant the submission of the case to the jury. Thereupon the case was retried in the Middlesex…