Copper River & N. W. Ry. Co. v. Heney

(after stating the facts as above).

*198We may pass by the defendants’ motion for a non-suit, made at the close of the plaintiff’s evidence, the denial of. which is assigned as error, for the defendants thereafter waived their motion by offering testimony in defense of the action.

Error is assigned to the refusal of the court to direct a verdict in favor of the defendants. The motion was based on the grounds: That the plaintiff had failed to establish that both the defendants were engaged in the business of a common carrier; that he failed to establish that he was employed or working for the…