Campbell v. H. Hackfeld & Co.

OPINION OF THE COURT BY

PERRY, J.

Plaintiff claims damages for an injury received on July 6, 1902, while working in the hold of the bark Aeolus. At the close of the evidence for the plaintiff the presiding judge, on motion of defendant, directed the jury to render a verdict for the defendant, the ground of the direction being that the negligence relied upon was that of a fellow servant of the plaintiff and that therefore the defendant was not liable. The sole question is whether this direction was correct. At the trial the corporate capacity of the defendant was admitted. Evidence was adduced…