Pennsylvania Rd. Co. v. Rusynik

Was the trial court justified in directing a verdict in favor of the railroad company at the close of the plaintiff’s case, upon the ground that plaintiff, Rusynik, was guilty of contributory negligence as a matter of law?

It was the duty of the trial court to consider all the evidence submitted, and any reasonable inference therefrom, in the most favorable light to the plaintiff, Rusynik. Pope, Admx., v. Mudge, 108 Ohio St., 192, 140 N. E., 501; McMurtrie v. Wheeling Traction Co., 107 Ohio St., 107, 140 N. E., 636. With that rule in mind, it must be conceded that the evidence tended to show…