Findley v. Coal & Coke Railway Co.

WilliaMS, Judge:

• Action of trespass on the case to recover damages for the wrongful death of jfiaintiff’s intestate, alleged to have been caused by the negligence of defendant. After plaintiff had introduced all his evidence, the court sustained a motion to exclude it, and directed a verdict for the defendant; and plaintiff obtained this writ of error. The principal question is: Is plaintiff’s evidence sufficient to support a verdict in his favor,' if the jury had so found? If it is, the court should have allowed the case to go to the jury.

Plaintiff’s intestate, Frank J. Findley, deceased,…