Duffy v. Kivilin

The appellee, while in the employ of the appellants, received serious bodily injuries, caused, as he alleged, by the negligence of the appellants. He instituted an action on the case, and on the verdict of a jury recovered a judgment against appellants in the sum of $5000. The judgment was affirmed by the Appellate Court for the First District on appeal, and a further appeal perfected by appellants has brought this record before us for review.

But two questions arise: First, whether the trial court erred in denying the motion entered by appellants at the close of the evidence to exclude the…