Mathews v. Lord Electric Co.

Schwellenbach, J. —

This is an appeal from an order granting a new trial in a personal injury action, tried to a jury. At the close of the plaintiff’s case, the defendants moved for a nonsuit on the ground that, under the evidence, the plaintiff was guilty of contributory negligence, as a matter of law. The motion was denied. At the close of the case, the defendants moved for a directed verdict on two grounds; first, that, under the evidence, the plaintiff was guilty of contributory negligence as a matter of law; and second, that the plaintiff and the agent of the defendants (the driver of the…