Wood v. Pace

The decision about to be made sets aside a verdict in favor of the plaintiff. The complaint is dismissed on the ground that the defendant was not negligent, and plaintiff was guilty of contributory negligence as a matter of law.

I understand the rule to be that where a verdict is directed or a complaint is dismissed, there must be no evidence which presented a question of fact in favor of the plaintiff. (Carlisle v. Norris, 215 N. Y. 400, 403; McConnell v. Hellwig, 190 App. Div. 244.) If there is conflict in the evidence, the verdict is deemed to have settled it favorably to the plaintiff…