Gabriel v. St. Louis, Iron Mountain & Southern Railway Co.

(after stating the facts). — Defendant insists that plaintiff should have been nonsuited for two reasons: first, because the evidence failed to show defendant was guilty of any negligence and, second, because plaintiffs own evidence conclusively shows he was guilty (Of negligence which directly contributed to his injury. In regard to the first contention, we think defendant is clearly in error. The evidence is all one way that the impact of the cars was sudden, violent and unusual, in fact, that there was a collision which caused plaintiff’s injury. This evidence was undoubtedly sufficient to…