McQuisten v. Detroit Citizens' Street-Railway Co.

This action is brought to recover damages for the death of plaintiff’s intestate, who was instantly killed by a car of defendant company, March 2, 1895. After plaintiff’s testimony was in, and also at the close of the testimony for defendant, a motion was made to take the case from the jury. These motions were overruled. The case was submitted to the jury- by the trial judge,' *68and a verdict of $3,500 was rendered in favor of the plaintiff. When the case was submitted to the jury, it was agreed that, if the trial judge should later conclude he ought to have directed a verdict for defendant, he…