Kay v. Director General of Railroads

Poeeenbagee, Judge :

This writ of error goes to a judgment rendered in an action for recovery of damages for alleged negligent killing of a steer and injury to another. The defendant allowed the case to go to the jury, without defénsive evidence, on the theory of insufficiency of the plaintiff’s evidence to sustain a verdict. It moved *94to strike out the evidence adduced, and, its motion having been overruled and a verdict found for the plaintiff, it attacked the verdict'by a motion to set aside, which the court overruled.

If there were any eyewitnesses to the collision between the train and tire…