...the state of things at the time of the action brought." It did not appear upon the application made in this case, that the plaintiff was at the time of the commencement of the action a citizen of New York, and the court properly denied the application and...

...employer's appliances that were not intended or designed for the use which the employee made of them; and that "if you find from the evidence in this case that the plaintiff, at the time and place of the accident, in stepping upon and using the pilot and its appliances as a...

...court refused ; and for plaintiff instructed the jury as follows: 1. If the jury are satisfied from the evidence in this case that the plaintiff was, at the time hereinafter mentioned, switchman on the railroad of defendant, and in its employ as such ; that he...

...which reads as follows: "I may likewise say to you there is still another ruleapplicable to this case: That if you find from the evidence in this case that the plaintiff in this action was free from fault, and was injured, then the law presumes negligence on the part of...

...southerly direction. The fourth instruction given for the plaintiff was: "If the jury believe, from the evidence in this case, that the plaintiff was, at the time and place when the alleged injury is in the declaration alleged to have occurred, of such tender age,...

...in the proper form and by the use of proper appliances." "(57) I charge you, gentlemen of the jury, that If you find from the evidence In this case that the plaintiff was carried to the hospital for a slight operation and that after he was there the operation performed...

...Affirmed. , Instructions 2, 3, and 5, mentioned in the opinion, read as follows: No. 2. Ton are instructed that if you find from the evidence in this case that the plaintiff was in the employ of the defendant and while he was in the discharge of his duties in placing in position...

...the sixth instruction requested by the railway company, which reads as follows: "You are instructed that If you find from the evidence in this case that the plaintiff could have moved about in the pit, where he was engaged at work, without putting his foot In a place...

...for the witness, to make. [2] Over appellant's objection the court gave the following instruction: "You are further instructed that if you find from the evidence in this case that the defendant, Lee George, was the aggressor in the difficulty or that he mutually engaged...

...court gave the following Instruction for the defendant, the giving of which is assigned as error: "(2) You are further instructed that If you find from the evidence in this case that the defendant, on. the 26th day of October, 1901, ordered a car, or made arrangements...