Kelly v. Hendrie

This action was brought to recover damages for the benefit of the widow and next of kin of John Mahan, whose death is alleged to have been caused by the negligence and default of the defendant, as lessee of a street railway.

The evidence having been put in, the case was given to the jury with numerous special instructions, but the jury afterwards coming in without having agreed, the first instructions were recalled, and the jury were in substance charged to find for the defendant, and they returned a verdict accordingly. We are now asked to review the first instructions, but this we cannot do.…