Jones v. New York Central & Hudson River Railroad

The plaintiff in this action alleged that he was injured through the negligence of one Cargill, a servant, as he claimed, of the defendant. At the close of the evidence a motion was made for a nonsuit. The decision of the motion was reserved, and certain questions of fact were submitted to the jury. Among them was the following: Was Cargill, at the time of the accident, a servant of the defendant ?

*140The jury answered these questions in favor of the plaintiff and assessed the damages at $8,000. Thereafter the court granted the motion for a nonsuit, on the ground that there was no evidence in the…