Sullivan

This action was brought against defendants to recover damages caused by reason of their alleged joint negligence in causing the death of plaintiff’s intestate. The jury returned a verdict in favor of plaintiff against both defendants, and judgment was accordingly entered. Each defendant appeals in a separate record from the judgment and the order denying its motion for a new trial, and from an order denying its motion to vacate the judgment, but both appeals will be considered together. In this opinion the appellants will be referred to as the Morton company and the Boearde company, respectively.

Upon an examination of the record we are of the opinion that the motion of the Morton company for a nonsuit should have been granted, and that the evidence is not sufficient to sustain the verdict as to it.

The evidence shows that while deceased was standing at the door of a railroad box-car, with his back toward the dray oE the Morton company, in a place of apparent safety, where he was following his usual avocation, the dray, which was from four to six feet from the car, and which had just been loaded with freight, consisting of boxes, tent-poles, tents and government supplies, was…