Norfolk & W. Ry. Co. v. Kratzer

This ease presents the single ultimate question whether the trial court properly overruled the motion made at the conclusion of all the testimony, to direct verdict for defendant. The court’s action was correct, and the case was properly submitted to the jury, unless there was am entire absence of testimony which, if believed, would justify recovery under.the applicable law.

There was substantial evidence supporting a conclusion that plaintiff was, when hurt, in the performance of his duties as engine tender and caretaker, and was thus not a trespasser, to whom defendant would owe no duty,…