Gebhard v. Detroit, Grand Haven & Milwaukee Railway Co.

Plaintiff was passing from his place of business to. his home, and while walking over the railroad Crossing of the defendant upon Atwater street, in the city of Detroit, was struck by an engine, and injured. Upon the trial in the circuit court, after the plaintiff rested his case, the judge instructed the jury to find a verdict for the defendant upon the ground that the plaintiff was guilty of contributory negligence.

The correctness of this ruling is the sole question in the case. If but one conclusion can be drawn from the evidence, then the ruling was correct. If different conclusions can…