Atlantic City R. v. Smith

CLARK, District Judge.

The sole ques"tion presented by this appeal is the propriety ■of the learned District Judge’s refusal to give binding and/or peremptory (see Empire State Cattle Co. v. A., T. & S. F. R. R. Co., 210 U. S. 1, 28 S. Ct. 607, 52 L. Ed. 931, 15 Ann. Cas. 70) instructions in favor of the defendant railroad company. This request for the direction of a verdict was urged upon the familiar ground of contributory negligence upon the part of the plaintiffs, the driver of a truck and his companion.

The accident, whose happening and ensuing litigation presents this problem, originally…