Illinois Central Railroad v. Boehms

delivered the opinion of the court.

The question in this appeal is not, as stated by counsel for the appellee, “ whether there is any evidence showing, or tending to show” liability of the defendant; but the question is, whether the evidence is sufficient to warrant a verdict for the plaintiff in any view of it which might be legally taken and, trying it by this test, we think the peremptory instruction asked by the defendant ivas rightly refused.

Affirmed.