Moore v. Erie Rys. Co.

Opinion by

Mr. Justice Drew,

The plaintiff appeals from the entry of a judgment of compulsory nonsuit in the court below. The action is in trespass, and arose out of a collision on July 5, 1929, between an automobile owned and operated by the plaintiff, James J. Moore, and a street car of the defendant, Erie Railways Company. The sole question raised is whether or not the court below was in error in its conclusion that plaintiff was guilty of contributory negligence as a matter of law.

In view of the fact that a compulsory nonsuit was entered, we must, in reviewing the evidence, consider all…