Cook v. Ponos

HEDRICK, Judge.

The sole question raised by plaintiff on appeal is whether the court erred “in entering judgment in favor of defendant at the close of plaintiffs evidence upon the ground of contributory negligence as a matter of law on the part of plaintiff.”

Defendant’s motion for a directed verdict on the ground of contributory negligence was properly granted only if “plaintiffs evidence, taken as true and interpreted in the light most favorable to plaintiff, so clearly shows [plaintiffs] negligence to have been a proximate cause of [the accident] that it will support no other conclusion as a…