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SOUTHERN PACIFIC COMPANY v. POOL

No. 21.

160 U.S. 438 (1896)

16 S.Ct. 338

40 L.Ed. 485

SOUTHERN PACIFIC COMPANY, v. POOL.

Supreme Court of United States.

Decided January 6, 1896.

Attorney(s) appearing for the Case

Mr. Maxwell Evarts for plaintiff in error.

Mr. Samuel Shellabarger, (with whom was Mr. Jeremiah M. Wilson on the brief,) for defendant in error.

MR. JUSTICE WHITE delivered the opinion of the court.

The action was brought below to recover damages from the defendant (plaintiff in error here) upon the ground that it had negligently, on September 12, 1888, caused an injury, which resulted in the death of Pool, the plaintiff's intestate. The cause was tried by a jury. At the close of the evidence for the plaintiff, defendant moved for a nonsuit on the grounds (1) that no negligence had been shown on its part;...

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