McLean v. Erie Railroad

The opinion of the court was delivered by

Fort, J.

This was an action for damages alleged to have resulted from an injury caused by the train of the defendant company running into a wagon of the plaintiff, in which the plaintiff was, at the crossing of the said company, at or neatf Soho, in Essex county.

*58There was a motion to nonsuit and also a motion to direct a verdict for the defendant, both of which motions were refused by the learned trial judge. A careful examination of the testimony leads to the conclusion that there was no error in either of these refusals. There was proof in the case,…