New York Central & Hudson River Railroad v. E. C. Eby & Co.

9 Sadler 375

Opinion

Per Curiam :

The court below was asked to say to the jury that “under all the evidence of this case, the verdict must be for the defendant.” This it refused to do, and properly so; for there was positive evidence of the negligence of the company which could not lawfully be withdrawn from the consideration of the jury.

The judgment is affirmed.