Warren v. Lewis

The plaintiff’s evidence was sufficient to go to the jury on the issue of the defendant’s negligence. Consequently, the judgment of nonsuit may be sustained only if the plaintiff’s evidence •discloses his contributory negligence as a matter of law. Contributory negligence is an affirmative defense which must be pleaded and established by proof. Ordinarily, the issue is one of fact to be decided by the jury. However, when the plaintiff’s own evidence so clearly establishes the defendant’s plea of contributory negligence that no reasonable inference to the contrary may be drawn from that…