Reid v. Grand Trunk Western R. Co.

HICKS, Circuit Judge.

This case is here for the second time. Upon the first trial in the District Court, there was a verdict and judgment for Elizabeth Reid, administratrix, and the railroad company appealed. This court reversed the judgment, holding that the motion for a directed verdict shonld have been sustained upon the ground that the deceased assumed the risk. Upon the retrial the District Judge, following the opinion, sustained the motion of appellee for a directed verdict. The governing evidence upon the first trial is fully set forth in the former opinion reported in (C. C. A.) 42…