Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. Howard

The appellee was the plaintiff below and appellant the defendant. The gravamen of the action is negligence, and in the complaint there is the proper negation of contributory negligence.

The appellant answered in general denial.

The cause was submitted to a jury for trial, a verdict returned in favor of the appellee, and over a motion for a new trial judgment was rendered upon the verdict. From the judgment at special term an appeal was taken to general term, and from its judgment affirming the judgment in special term this appeal is prosecuted.

Several errors have been assigned, but we are only…