Toledo, St. L. & W. R. v. Connolly

RICHARDS, Circuit Judge.

This suit was brought to recover damages for the death of Patrick Duffy through the wrongful act, neglect and default of the Toledo,- St. Louis & Western Railroad Company. There was a verdict and judgment for the plaintiff below which the *399railroad company seeks to have reversed principally on the ground that the court should have given certain directions in its favor.

The accident occurred on January 26, 1904, on a switch of the railroad company adjacent to the mill of the Miami Maize Company. Duffy was a foreman of the Maize Company in charge of the loading and…