Floersch v. Donnell

The opinion of the court was delivered by

MiNTUKN, J.

When this cause was before the Supreme Court on a rule to show cause from a previous trial the verdict for the plaintiff was vacated upon the grounds substantially that there was nothing presented in the testimony from which a jury could legally infer negligence upon the part of the defendant. Upon a venire de novo a new trial was had, additional testimony ivas supplied, and the inquiry presented to tliis court upon this writ of error is directed entirely to the alleged error of the trial court in nonsuiting the plaintiff at the close of his…