Rodeff v. Lake Shore & Michigan Southern Railway Co.

The plaintiff, James Rodeff, sued in the court of common pleas for the purpose of recovering damages for personal injury resulting to him on September 20, 1915. He was employed as a section man, and at the time of his injury was engaged, with other workmen, under the direction of a foreman, in moving steel rails by the use of tongs, from the track or right of way of the defendant company. At the close of the opening statement to the jury made by counsel for plaintiff, the court, on motion of the defendant, directed the jury to return a verdict for the defendant upon such statement of counsel.…