Duke v. Tankard

In their brief, defendants concede that plaintiff’s evidence of negligence on the part of defendants was sufficient to carry the case to the jury on the first issue. They. contend, however, that plaintiff’s evidence, taken in the light most favorable to him, established con*565tributory negligence as a matter of law and that the trial judge erred in overruling defendants’ motion for judgment as of nonsuit interposed at the conclusion of plaintiff’s evidence and renewed at the conclusion of all the evidence.

It is a well-established principle of law in this jurisdiction that a motion for judgment…