Martin, Jr. v. Heintz

The conflict of opinion by reason of which the record in this case was certified to this court was upon the question of error of the trial court in refusing a request of plaintiff to reopen his case for the purpose of introducing further evidence. However, the primary question presented, and we regard it controlling and decisive of the case, is whether the trial court was warranted in directing a verdict for the defendant at the close of plaintiff’s evidence upon the ground of contributory negligence as a matter of law, or that the evidence adduced by plaintiff gave rise to a presumption of…