Croty v. Pullman Co.

EVAN A. EVANS, Circuit Judge.

Plaintiff sued to recover damages for injuries received due to the alleged negligence of the defendant. At the close of the trial, the court directed a verdict in favor of defendant. From the judgment which followed, plaintiff prosecuted this writ of error.

Plaintiff, a lawful passenger on a Washington to Chicago train, occupied an upper berth in one of defendant’s sleeping cars. In the morning about 6 a. m. central time, when approaching Ft. Wayne, Ind., he concluded to arise and rang for the porter. He received no response and, after waiting a minute or two, rang…