Raymond v. Union Pac. R. Co.

WOLFE, Justice.

Appeal by plaintiff from a judgment of nonsuit entered in the Third District Court in an action by plaintiff against defendant for personal injuries allegedly sustained by plaintiff as a result of defendant’s negligence. The parties will be referred to as they appeared in the court below.

The judgment of nonsuit was based on the grounds that plaintiff had failed to prove negligence on the part of defendant, and further, that plaintiff’s own evidence showed that as a matter of law he was guilty of contributory negligence. If the trial court was correct as to either of the two…