Allen v. Florence & Cripple Creek Railway Co.

By this action, plaintiff sought to recover damages for personal injuries alleged to have been received and suffered by him through the negligence of the defendant railroad company. At the conclusion of the evidence offered on behalf of plaintiff, the court, on motion, granted a nonsuit, and to this plaintiff assigns error. The motion for nonsuit was based and sustained solely upon the ground of plaintiff’s contributory negligence. This court is, therefore, relieved from the consideration of the facts and much of the argument of counsel which bear upon the question of defendant’s negligence.…