Bartle v. . N.Y.C. H.R.R.R. Co.

At the close of plaintiff's evidence defendant's counsel moved for a nonsuit upon the ground that the plaintiff had failed to make out any cause of action; had not shown any negligence on the part of the defendant which was the proximate cause of the accident; had failed to show freedom from contributory negligence. The plaintiff's counsel asked to go to the jury upon the question whether the plaintiff exercised due care in view of all the circumstances; also upon the question of the plaintiff's alleged contributory negligence and defendant's negligence. The trial judge granted the motion for…