146 A. 911
Supreme Court of Connecticut Third Judicial District, Bridgeport, April Term, 1929.
WHEELER, C. J., MALTBIE, HAINES, HINMAN AND BANKS, Js.
Argued April 17th, 1929
Decided June 13th, 1929.
ACTION to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant, brought to the Superior Court in Fairfield County and tried to the jury befor Baldwin, J.; verdict for the plaintiff which the trial court, upon defendant’s motion, set aside as against the
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evidence, and from this decision the plaintiff appealed No error.
Philip Reich, with whom, on the brief, was Samuel Reich, for the appellant (plaintiff).
Henry C. Wilson, for the appellee (defendant).
PER CURIAM.
An examination and comparison of the evidence has satisfied us that the trial court was correct in its conclusion that there was no sufficient evidence before the jury from which the plaintiff’s freedom from contributory negligence could have been found and that we cannot hold that the ruling setting aside the verdict was erroneous as matter of law.
There is no error.