Tyler v. F. W. Woolworth Co.

This action was brought to recover damages for personal injuries. The cause was tried to the court without a jury. At the conclusion of the plaintiff’s evidence, the defendant moved for a dismissal, on the alleged ground that no negligence was shown, and that, if there was negligence, the plaintiff was guilty of contributory negligence; which motion was overruled. The defendant elected to stand upon the case as it then was, and offered no evidence in its own behalf. The parties stipulated that the trial judge should visit the place of the accident, and take any measurements that he cared to…