Spaulding v. Miller

At the outset of this case, we are confronted with several motions filed by the parties after the briefs and arguments in the main case had been filed. These motions were ordered sub mitted with the case, lyut, in view of the decision which we reach, it becomes unnecessary to consider them in this opinion.

I. The first error relied upon by appellants for reversal is as follows:

“The court erred in overruling defendants’ motion for directed verdict in that plaintiff’s intestate was guilty of contributory negligence as a matter of law.”

Appellee challenges the right of this court to consider this…