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

Upon the close of plaintiff's testimony on the trial of this action, the defendant's counsel moved for a nonsuit upon two grounds: First, that the evidence showed no negligence on the part of the defendant. Second, that the evidence showed negligence on the part of the plaintiff which contributed to the injury. The plaintiff's counsel asked to go to the jury upon these questions; this request was refused and the motion for a nonsuit granted, and an exception taken to the ruling by the plaintiff's counsel.

As the evidence stands there can be, we think, no serious question in regard to the…