Costello v. Chicago, Rock Island & Pacific Railway Co.

— I. "The premises of this appeal, stated in interrogative form, are: (1) Was the defendant negligent as charged; and (2) was any act or omission on the part of the defendant the proximate cause of the plaintiff’s injury?. These questions were presented for answer by defendant’s motion for a directed verdict at the close of plaintiff’s testimony, and also upon the conclusion of all' the testimony. The challenge made is determinative of this appeal.

I. The facts, briefly stated, disclose that plaintiff became a passenger on the train of defendant at Gamer, Iowa, intending to ride to Forest…