Leuthe v. Erie R.

RIPPEY, District Judge.

Decision has been reserved upon motions made by the defendant (1) to dismiss. the complaint for want- of proof; (2) for a direction of verdict for the defendant; and (3) for a new trial upon the grounds stated in section 549 of the New York Civil Practice Act.

At the close of the case, the court submitted to the jury specific questions, all of which were answered in favor of 'the plaintiff. There was evidence in the case as to the effect of which reasonable minds might differ and evidence which opened a field for conflicting inferences. The testimony, other than the…