Winkler v. Columbus

*162OPINION

By HORNBECK, PJ.

This is an appeal from a judgment for the defendant upon a directed verdict at the conclusion of plaintiff’s case. A number of errors are assigned, but the single question presented is, did the Court err in holding that "upon the evidence adduced by the plaintiff, she was not entitled to go to the jury. This involves two propositions, the first, was there probative evidence of the negligence of the defendant; if so, does the contributory negligence of the plaintiff appear as a matter of law?

The trial judge in an extended opinion given when he sustained the motion,…