Gilliam v. Chicago, Rock Island & Pacific Railway Co.

The appellant assigns as error the overruling by the court of its motion for directed verdict, which was made at the close of the plaintiff’s evidence and renewed at the close °f all the evidence. It is the appellant’s contention that, under the record, the plaintiff was guilty of contributory negligence, as a matter of law, or that the evidence fails to establish his freedom from contributory negligence. For the determination of this question, we turn to the record, and it is incumbent upon us to give to the testimony of the appellee the most favorable construction that can fairly be placed…