Bateman v. . Brooks

The defendant at the close of plaintiff’s evidence and at the close of all the evidence made motions for judgment as in case of nonsuit. C. S., 567. The court below overruled these motions and in this we can see no error.

We think the evidence of plaintiff was sufficient to be submitted to a jury and fully warranted the verdict and judgment. The action is for actionable negligence. We think the evidence supports fully the allegations in the complaint. The defendant denied negligence and set up the plea of contributory negligence. The plaintiff was an employee, a brakeman for the defendant…