Hartwick v. Chicago & A. R.

EVAN A. EVANS, Circuit Judge.

This writ of error is prosecuted to review the court’s action in directing a verdict against plaintiff at the close of the testimony. After a careful reading of all the evidence, we are convinced that a jury question was presented on all issues of fact, save assumption of risk. The following statement of fact will therefore be made with this premise as its background:

Plaintiff, when injured, was employed by defendant company in interstate commerce, and his contributory negligence, if any, was therefore not a complete bar to his recovery. Section 3, Employers’…