Saunders v. Warren

Denny, E.J.

This case was here at the Spring Term 1965. The first trial ended in a judgment as of nonsuit at the close of plaintiff’s evidence. On appeal we reversed, holding the evidence was sufficient to require determination by the jury under appropriate instructions on the issues raised by the pleadings. The pleadings raised the issues of negligence, contributory negligence and damages. The appellant assigns as error the submission oí the issue with respect to contributory negligence.

The evidence on the issue of contributory negligence in our opinion is as strong or stronger on the present…