Sharpe v. Southern Ry. Co.

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an action for damages for the killing of the plaintiff’s testator. The jury found for the plaintiff, and the defendant appealed. The appeal contends that there was no evidence.of negligence on the part of the defendant, and conclusive evidence of contributory negligence.

Judge Moore, who heard the case on Circüit, gave his reasons for not granting a new trial as follows :

“Order Overruling Motion for New Trial.

“Upon the trial of this case the jury returned a verdict i’n favor of the plaintiff for $5,000. In due time the…