Middendorf v. International Railway Co.

Respondent has a verdict, including interest and costs, of $5,228.86 in an action for damages for wrongful killing of respondent’s intestate. The sufficiency of the testimony to uphold the verdict on the question of appellant’s negligence does not require discussion. The point most stressed by appellant is the declination of the learned trial court to charge as follows: “ Mr. Vaughan: I ask your Honor to charge the jury that if the deceased stepped upon the track when the street'car was not to exceed 5 feet away, at a point between blocks, he was guilty of contributory negligence as a matter…