Court of Appeals for the D.C. Circuit February 5, 1917, No. 2962 (Mt. Vernon & Marshall Hall Steamboat Co. v. McKenney)

Mr. Chief Justice Shepard

delivered the opinion of the Court:

1. It was not error to refuse defendant’s request to withdraw *109the third count from the jury because it docs not appear from the evidence that plaintiff paid fare to the defendant as a passenger on the boat trip.