Wanner v. Alsup

The appellant assigns as error the ruling of the court below in granting the defendant’s motion for judgment as of nonsuit at the close of plaintiff’s evidence, on the ground that such evidence established the contributory negligence of plaintiff’s testatrix as a matter of law.

The real question for determination is whether or not the plaintiff’s evidence was sufficient to carry the case to the jury on the issues of negligence, contributory negligence, last clear chance, and damages, which issues were raised by the pleadings.

The mere fact that plaintiff’s testatrix attempted to cross Valley…