Davidson v. Lake Shore & Michigan Southern Railway Co.

Opinion by

Mr. Justice Wiblliams,

This appeal is from a judgment entered upon a compulsory nonsuit. The question raised by it is whether the existence of contributory negligence on the part of the plaintiff is, upon the evidence that was before the court, a question of law upon which it was proper for the court to pass, or a question of fact to be submitted to the jury?

It may be stated as a general proposition that where the facts are simple and the evidence by which they are presented is involved in no uncertainty their legal value is for the court to determine; but where the evidence is…