Yampolsky v. Smith

Plaintiff, Paul A. Yampolsky, brought suit for damages for injuries sustained in an automobile accident that occurred at 1 o’clock in the afternoon of November 25, 1943. Upon the conclusion of plaintiff’s proofs before a jury, defendant moved for a directed verdict on the ground that plaintiff was guilty -of contributory negligence as a matter of law. Decision upon this motion was reserved by the trial judge under the Empson act (3 Comp. Laws 1929, §§ 14531-14534, as amended by Act No. 44, Pub. Acts 1939 [Comp. Laws Supp. 1940, § 14531, Stat. Ann. and Stat. Ann. 1947 Cum. Supp. §§…