Wing v. Western Pacific R. R. Co.

Plaintiff appeals from a judgment of non-suit rendered against him in an action to recover damages for personal injuries. In granting defendant’s motion :for a nonsuit, the learned judge of the trial court stated the reasons therefor in the following language: “The motion for a nonsuit has been made in this case on the ground of contributory negligence of the plaintiff, and this motion,' in the court’s judgment, must be granted. There is no question in my mind "that the plaintiff was grossly negligent in his actions that night. His testimony shows that he came down from the synagogue, went…