Andre v. Allynn

Thebasic question to be determined here is whether abstraction or momentary forgetfulness of a known danger constitutes contributory negligence as a matter of law.

As this is an appeal from a judgment of nonsuit, such judgment can be supported only if, “disregarding conflicting evidence, and giving to plaintiff’s evidence all the value to which it is legally entitled, indulging in every legitimate inference which may be drawn from that evidence, the result is a determination that there is no evidence of sufficient substantiality to support a verdict in favor of the plaintiff.” (Card v. Boms,…