Lancaster v. Morgan

(after stating the facts as above). The Director General of Railroads insists the judgment should have been in his favor, and therefore that the trial court erred when he refused to instruct the jury to find for him, because the testimony, he says, did not warrant a finding that he was guilty of negligence in leaving engine 794 unattended on long alley track; or, if it did warrant such a finding, it conclusively appeared, he further says, that the risk due to leaving said engine unattended was one the deceased assumed.

It is plain enough, we think, that the jury had a right to say from the…