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NEW YORK, C. & ST. L. R. CO. v. KELLY

No. 5043.

70 F.2d 548 (1934)

NEW YORK, C. & ST. L. R. CO. v. KELLY.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 26, 1934.

Attorney(s) appearing for the Case

Russell P. Harker, of Frankfort, Ind. (Graham, Crane & Elliott, of South Bend, Ind., and W. J. Stevenson, of Cleveland, Ohio, of counsel), for appellant.

Lenn J. Oare, of South Bend, Ind., and Fae W. Patrick and Thomas L. Webber, both of Indianapolis, Ind. (Seebirt, Oare, Deahl & Omacht, of South Bend, Ind., of counsel), for appellee.

Before EVANS, SPARKS, and FITZHENRY, Circuit Judges.

FITZHENRY, Circuit Judge.

Appellant (defendant below) seeks to reverse a judgment for damages for personal injury. At the conclusion of appellee's (plaintiff below) evidence, appellant moved for a peremptory instruction to the jury to return a verdict in favor of appellant, which was overruled. At the conclusion of all the evidence, the motion was renewed and overruled, and the jury returned a verdict in a substantial sum. A motion for a new trial was denied, and...

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