Grand Trunk Railway Co. v. Cummings, 106 U.S. 700 (1883)
U.S. Supreme CourtGrand Trunk Railway Co. v. Cummings, 106 U.S. 700 (1883)
Grand Trunk Railway Company v. Cummings
Decided January 8, 1883
106 U.S. 700
1. Although the refusal at the close of the testimony for the plaintiff, to direct a verdict for the defendants would justify a reversal of a judgment against them, yet if they proceed with their defense and introduce testimony which is not in the record, the judgment on the verdict which the jury, under proper instructions, find against them will not be reversed on account of that refusal.
2. The plaintiff, in the course of his employment as an engine driver for the defendant, a railroad company, was injured by the collision of the train on which he was with another train of the company. Held that the court did not err in charging the jury that the company, if its negligence had a share in causing the injuries of the plaintiff, was liable notwithstanding the contributory negligence of his fellow servant.
The case is stated in the opinion of the Court.