Sibbitt v. R. & W. Transit Co.

This was an action by the plaintiff to recover damages for personal injury alleged to have been proximately caused by the negligence of the defendant. The defendant denied that it was negligent, and also entered the alternative plea of contributory negligence in bar of recovery. At the close of all the evidence the court sustained the motion of the defendant for a judgment as in case of nonsuit (C. S., 567), and from judgment accordant with such ruling the plaintiff appealed, assigning error. Viewing the evidence in the light most favorable to the plaintiff, it tends to show that on the night…