Barber v. Heeden

Defendants, in their brief, contend (1) that the evidence was insufficient to warrant submission of an issue as to defendants’ alleged actionable negligence, and (2). that plaintiff’s evidence discloses contributory negligence as a matter of law, and therefore the court erred in overruling. their motion made at the conclusion of all the evidence for judgment of nonsuit. However, careful consideration impels the ponclusion that the evidence, when considered in the light most favorable to plaintiff, was sufficient to require submission of these issues ,for jury determination. Having reached…