Oleson v. Lake Shore & Michigan Southern Railway Co.

This action was brought by appellant to recover damages for an injury received while attempting to cross appellee’s railroad track at a grade crossing.

There was a general denial to the complaint and trial by jury. After appellant had introduced all his evidence and rested his case, the jury, by direction of the court on motion of appellee, returned a verdict for appellee. *406The court thereupon over a motion for a new trial rendered judgment against appellant.

The only question presented is : Did the court err in instructing the jury to find for appellee? This instruction was given on the ground…