Niles v. Phillips Express Co.

The opinion of the court was delivered by

Heher, J.

There was a verdict for plaintiff in this action to recover damages suffered by the next of kin of her intestate as the result of his death through the negligence of defendants (2 Comp. Stat. 1910, p. 1907; Pamph. L. 1913, p. 586; Pamph. L. 1917, p. 531); and the primary reason assigned for the reversal of the consequent judgment was the ruling of the trial judge, elicited by motions to nonsuit and to direct a verdict in favor of defendants, that the evidence presented an issue of fact on the question of their negligence vel non. .

There was…