CHICAGO &C. RAILWAY CO. v. LOWELL

No. 173.

151 U.S. 209 (1894)

CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY v. LOWELL.

Supreme Court of United States.

Decided January 8, 1894.


Attorney(s) appearing for the Case

Mr. Charles E. Flandrau for plaintiff in error.

Mr. M.D. Munn, (with whom was Mr. Cushman K. Davis on the brief,) for defendant in error.


MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.

Practically the only question in this case is whether the evidence so clearly showed the plaintiff to have been guilty of contributory negligence as to entitle the defendant, as matter of law, to an instruction to the jury to return a verdict in its favor.

It was not seriously contended that the defendant was free from fault in failing...

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