Wall v. . Bain

The appeal presents two questions: Whether there was any evidence of negligence on the part of defendant to take the case to the jury, and whether the conduct of the boy who met his death in the accident was, as a matter of law, contributorily negligent.

There could be little dispute as to the principles of law involved in the decision of these questions. It is true, as suggested in defendant’s brief, that what constitutes negligence is a matter of law; and this principle will be applied in examining plaintiff’s evidence on a question of nonsuit. But there are other more searching formulae to…