MacKelvie v. Rice

The defendant’s negligence is apparently conceded. The ground stated for the motions for nonsuit and directed verdict is that of plaintiff’s contributory negligence, and no other ground is urged in the brief and oral argument. Further defendant relies exclusively on plaintiff’s own testimony to establish the claim of contributory negligence.

A review of her testimony discloses the following — she alighted from the bus at a point opposite Elliott Street. Elliott Street dead ends at Concord Street. She took a few steps toward the rear of the bus, while the latter was starting, then she stepped…