300 F. 314 | 6th Cir. | 1924
This was an action for the recovery of damages alleged to have been sustained by defendant in error (the-plaintiff below, and hereinafter called plaintiff), while em'ployed by the plaintiff in error (the defendant below, and hereinafter called defendant) as a watchman, as a result of being struck by a passenger train operated by the defendant. Plaintiff is a citizen of Ohio, and defendant is a Maryland corporation engaged in operating a common carrier railroad in interstate commerce. The trial court denied a motion of defendant for a directed verdict, and submitted the case to the jury,., which returned a verdict for the plaintiff iñ a substantial amount. By writ of error, defendant seeks to review the judgment entered on such verdict; the gist of its assignments of error being that the evidence did not warrant the submission to the jury of any of the questions of alleged negligence involved.
It was the claim of plaintiff (and there was evidence tending to support such claim) that on the night on which he received the injuries
We think that the contentions and arguments of the defendant in support of its complaint that the trial court erred in its refusal of a directed verdict, its instructions to the jury, and its rulings on evidence must, in the last analysis, depend upon the ultimate question whether
We discover no error in the refusal of the frial court to grant the continuance asked, its rulings on the admissibility of evidence, its denial of a directed verdict, or its charge to the jury.
The judgment is affirmed.