Holman v. Uglow

The first assignment of error submits the question whether the circuit court erred when it overruled the defendant’s motion for a nonsuit which was based upon the contention (we quote from the motion) that “the evidence submitted on the part of the plaintiff shows contributory negligence on the part of plaintiff’s decedent which would bar recovery. ” The answer alleged that the deceased was guilty of negligence in the following particulars:

“(a) In occupying a place of danger by walking behind said Voth automobile and pushing it along the pavement while it was in the right-hand lane of travel…