51 Neb. 746 | Neb. | 1897
This action was instituted by Lewis G. Guthrie, as administrator of the estate of George S. Guthrie, deceased, against the defendant company to recover damages for the alleged negligent killing of George S. Guthrie by the company at a street or highway crossing in South Omaha known as “Morrill’s Crossing,” on the 25th of November, 1892, when he was crossing the tracks with a team of horses and wagon and was struck by one of the company’s engines and train of cars and was killed. Issues were joined and tried. At the close of the introduction of the testimony, at the instance of the company, the trial judge instructed the jury as follows: “The jury are instructed that the plaintiff has failed to make out or prove any cause of action in his favor against the defendant, and that the uncontradicted evidence conclusively discloses on the part of plaintiff’s intestate contributory negligence contributing to the injury complained of. You will therefore return a verdict for defendant.” A verdict was returned in accordance therewith. After the plaintiff’s motion for a new trial was presented and overruled, judgment was rendered on the verdict. The plaintiff asks of this court the reversal of the judgment.
The arguments advanced in furtherance of the purpose of the error proceedings are all on subordinate questions or points of the main burden of complaint, — the action of the trial judge in instructing the jury to return a verdict favorable to the company. It is said that the evidence was conflicting, that the question to be determined was in regard to negligence, was one of fact for examination
Affirmed.