New York, C. & St. L. R. v. Slater

EVAN A. EVANS, Circuit Judge.

Plaintiff brought this action to recover damages arising from the death of her husband occasioned by the alleged negligence of defendant. Judgment followed a verdict in plaintiff’s favor.

Defendant (the parties are described as in the District Court) seeks a reversal of the judgment because of tbe failure of tbe court to grant its motion to direct a verdict. It offers two grounds as the basis of its motion : First, the evidence fails to show actionable negligence on its part; second, tbe evidence shows conclusively that the deceaséd was employed in intrastate…