Davis v. Imes

MALLARD, Chief Judge.

The defendant’s first contention is that the trial court erred in failing to direct a verdict or enter judgment notwithstanding the verdict for defendant, on the ground that plaintiff’s intestate was guilty of contributory negligence as a matter of law. This contention is without merit.

“Since the burden of proof on the issue of contributory negligence is upon the defendants, a motion for judgment of involuntary nonsuit upon that ground should be allowed only when the plaintiff’s evidence, considered alone and taken in the light most favorable to him, together with all…