Webb v. Miles

Appeal from a judgment of nonsuit entered upon the verdict of a jury at a Trial Term of the Supreme Court, Chenango county. The action is for negligence. Plaintiff was standing on the left running board of a car which was proceeding easterly along the southerly side of Chenango street in the village of Oxford. Defendant’s car backing out of a driveway on the north side of the street collided with the car in which the plaintiff was riding, causing injuries to plaintiff. On a former trial the trial court granted a nonsuit and dismissed the complaint on the ground that plaintiff was guilty of…