Simpson v. Snellenburg

*519'Hie opinion of the court was delivered by

Kalisoii, J.

The single question presented on this appeal is whether the evidence was so clear and conclusive that the trial judge could properly have said, as a matter of law, that the plaintiff was guilty of contributory negligence, and, therefore, should have taken the case from the jury and directed a verdict for defendant.

'To determine this query requires an examination of the facts established by the testimony in the cause. Briefly stated, they were as follows:

Simpson, Jr., and-his father sugd the defendants to recover damages for injuries…