Kermit C. Leonard and Arthur E. Swaer v. New York Central Railroad Company

SCHNACKENBERG, Circuit Judge.

In plaintiffs’ action to recover damages caused by the alleged negligence of defendant, a jury returned verdicts in favor of plaintiffs, upon which judgments were entered. Defendant has appealed therefrom.

The errors relied on are the refusal of the court to sustain defendant’s motions for a directed verdict and for judgment notwithstanding the verdict and the refusal of the court, in the alternative, to sustain defendant’s motion for a new trial because of error in the giving of certain of plaintiff’s instructions, error of the court in failing to exercise its…