Smith v. City of Hamburg

At the close of plaintiff’s evidence, the defendant-city moved for a directed verdict, upon the ground that the plaintiff has failed to show that he was free from contributory negligence, and that it is shown by the evidence that he was guilty of contributory negligence as a matter of law. This motion was overruled. The motion was renewed at the close of all of the evidence and again overruled. The appellant complains that the court erred in said rulings, and this is the sole matter presented to this court by the appellant.

In order to constitute contributory negligence, the plaintiff, at the…