Conrad v. Wheelock

FITZHENRY, District Judge.

Defendants’ motion, at the close of all of the evidence, for a peremptory instruction to the jury to find the defendants not guilty, raises two material questions: (1) Whether the defendants willfully injured plaintiff’s intestate, causing his death; and (2) if the injury was not the result of willful negligence on the part of defendants or their servants, then was plaintiff’s intestate guilty of contributory negligence just before and at the time of the injury?

It is too late now to contend that the count charging willful negligence, in plaintiff’s declaration, is…