Yarabek v. Brown

*123Black, J.

(after statmg the facts). The principal •question brought here is whether the trial judge should have eliminated the issue of contributory negligence from jury consideration. Having compared —at request of all counsel — Jones v. Daniels, 328 Mich 402 and its predecessor cases with Tracy v. Rublein, 342 Mich 623; and Sherman v. Korff, 353 Mich 387, we conclude that such should have been done and that the judgment of the trial court must on that account be reversed.

The distinction, made in June v. Grand Trunk Western R. Co., 232 Mich 449 (citing in support Bradley v. Interurban R. Co.,…