YAZOO & M. V. R. CO. et al. v. UNITED STATES.
(Circuit Court of Appeals, Fifth Circuit.
December 19, 1911.)
No. 2,175.
In Error to the District Court of the United States for the Northern District of Mississippi
Charles N. Burch and James Stone (Blewett Lee, of counsel), for plaintiffs in error.
William I). Fra zee, TJ. S. Atty., and Philip J. Doherty, for the United States.
Before McOORMlCK and SHELBY, Circuit Judges, and MAXEY, District Judge.
[MAJORITY — PER CURIAM.]
PER CURIAM.
The petition contained ten counts for violation of the safety appliance act (Act March 2, 1893, c. 196, 27 Stat. 531 [U. S. Comp. St. 1901, p. 3174]). After hearing the evidence, the court directed a verdict; for the plaintiff on all the counts. It is admitted at the bar here that the direr tion could not be assailed, so far as it related to six of the counts. We have carefully considered the argument and briefs in relation to the other counts, and we are of the opinion that the court was not in error in directing the verdict on them. Pleasants v. Fant, 22 Wall. 116, 122, 22 L. Ed. 780. Affirmed.