Fish v. Grand Trunk Western Railway

On Rehearing.

Sharpe, J.

The facts in this cause were stated ante, 273, to which reference is made. When the cause came on for trial and at the close of plaintiff’s proof, the defense made a motion for a directed verdict upon the theory that the record disclosed no positive act of negligence in placing the protruding object nor facts showing actual or constructive notice of the claimed projection. The trial court granted the motion, from which plaintiff appealed.

Citation of authority is unnecessary to substantiate the rule that if plaintiff is to recover in this action lie must prove defendant…