Samuels v. Bowers

That there was evidence of negligence on the part of the defendant proximately causing plaintiff’s injury was not controverted, but the defendant contends that the nonsuit should be sustained on the ground of contributory negligence on the part of the plaintiff, for that the plaintiff failed to exercise due care and to take proper precaution for his own safety by adequately warning the defendant of the dangerous manner in which he was driving, or making effort to stop or leave the car.

The rule is well settled that involuntary nonsuit on the ground of the contributory negligence of the…