Chicago, Rock Island & Pacific Railway Co. v. Caple

Appellee, as administrator, filed, action against appellants for damages for alleged negligent killing of appellee’s intestate. From a jury verdict and judgment thereon for ten thousand dollars, there is this appeal presenting the questions herein discussed.

I. Sufficiency of Evidence to Support Verdict.

At the close of plaintiff’s evidence, and again at the close of all the evidence, the defendants moved for an instructed verdict; and now assign as error the' denial of these motions by the court. This assignment necessitates a review of the facts, and in the light most favorable to the…