Travinsky v. Omaha & Council Bluffs Street Railway Co.

Ellis, District Judge.

This is an action for damages for alleged wrongful death.

Upon trial, at the close of plaintiff’s evidence, the trial court sustained defendants’ motion for a directed verdict and dismissed plaintiff’s action. Motion for new trial was overruled and plaintiff brought this appeal.

The motion for directed verdict was predicated on the ground that plaintiff’s evidence disclosed contributory negligence on the part of plaintiff’s deceased more than slight, precluding plaintiff’s recovery, and the disposition of the *169case by the trial court was upon that ground. This ruling ■of…