McCarthy v. Eddings

Marshall Eddings, to whom we hereinafter refer as plaintiff, obtained a judgment in the sum of $10,832.15 against Wilson McCarthy and Henry Swan, as trustees of The Denver and Rio Grande Western Railroad Company, hereinafter designated defendants. A reversal of the judgment is sought on this review. The errors assigned for reversal may be summarized as follows: (1) Failure to prove negligence; (2) failure to prove proximate cause; (3) release as a bar to recovery; (4) excessive damages.

1. At the conclusion of all the testimony defendants moved for a directed verdict because, among other…