Wilson v. Pennsylvania Railroad

*386The.opinion of the court was delivered by

Garrison, J.

At the trial of this cause the only thing that stood between the plaintiff aud a nonsuit was the impression of the court that there was some evidence that the plaintiff had driven the wagon with the mail bags in it upon previous occasions. He was mistaken. There is no such evidence. What misled the court were the following questions and answers :

“Q. What did you see him doing?

“A. Carrying the mail.

“Q. From where?

‘■A. The Pennsylvania railroad.

“Q. In a wagon or on foot?

“A. On foot; sometimes he would have a little wagon.”

If the examination…