Johnson v. Atlantic Coast Line Railroad

The defendant suggests that two inquiries with their necessary implications are sufficient to present the merits of the appeal:

1. Did the court err in overruling the defendant’s motion to nonsuit the action at the close of the evidence?

2. If the demurrer to the evidence was properly overruled, did the court err in peremptorily instructing the jury to answer the issue of contributory negligence in the negative?

The first inquiry raises the two questions whether there is evidence of the defendant’s actionable negligence and whether there is evidence of such contributory negligence on the part of…