Show HOT NOT responsible nonsuit non suit in borwer court sustained by supreme tribunals ruling in an opinion handed down wednesday by the supreme court the decision of the lower court in the case ot of jennie edgar appellant a against the rio grande wes western tern railroad company was affirmed the action was non suited upon the motion of the respondents spon dents attorneys that george edgar who was a husband of the appellant was killed on account of his con tributary negligence the action was brought in the lower court to recover damages dam ages for the death of edgar he ile was employed as a fireman on the park city branch line july 5 1905 the train ran into an open switch ana the engine was derailed edgar was crushed under the cab the respondent showed from the evidence that it was not responsible for the open switch upon this ground the action was non suited and sustained by the supreme court the opinion was written by chief justice IV nf mccarty and concurred in by justices and frick |