Summary
In Goodwin v. R. R., 84 Me. 203, it was shown that plaintiff's intestate got upon the platform of the defendant's car; that the conductor took his ticket and made no objection to his riding there; that the car was crowded, although there was ample standing room inside; that the weather was warm; that in going around a curve he was thrown from the platform and killed.
Summary of this case from Wagner v. R. ROpinion
(Filed 23 October, 1929.)
APPEAL by plaintiff from Sink, Special Judge, at April Term, 1929, of DURHAM. Affirmed.
J. Grover Lee and L. P. McLendon for plaintiff.
Fuller, Reade Fuller for defendant.
Action to recover damages for the negligent killing of plaintiff's horses.
At the close of the evidence for the plaintiff, there was a judgment dismissing the action as upon nonsuit. From this judgment plaintiff appealed to the Supreme Court.
The evidence offered by plaintiff upon the trial of this action, viewed in the light most favorable to him, in accordance with the well established rule in this jurisdiction, fails to sustain the allegations of plaintiffs that his horses were killed by the negligence of defendant. There was no error in the judgment dismissing the action as upon nonsuit. The judgment is
Affirmed.