Hollingsworth Ex Rel. Hollingsworth v. Burns

It is conceded that there was ample evidence of negligence on the part of the defendant’s driver warranting the verdict on that issue.

Eut the appellant’s principal assignment of error is to the failure of the judge below to hold, as a matter of law, that the plaintiff on his own testimony was guilty of contributory negligence, barring recovery, and that therefore the motion for judgment of nonsuit should have been allowed.

This renders it necessary to examine the plaintiff’s testimony. Pertinent to the question involved, the plaintiff testified substantially as follows:

“I got hurt about 4:30…