Davis v. New York State Railways

Sears, J.:

In this negligence case the trial court directed a verdict for the defendant upon the ground that the plaintiff’s intestate was shown to have been guilty of contributory negligence as matter of law. The only question before us relates to the conduct of the deceased. Ordinarily in cases of this kind the question of contributory negligence is one of fact for the jury. (Massoth v. Delaware & Hudson Canal Co., 64 N. Y. 524.) “ If any possible hypothesis based on the evidence forbids the imputation of fault to .the deceased, as matter of law, the question is for the jury.” (Chamberlain…