Mallette v. Ideal Laundry & Dry Cleaners, Inc.

Civil action in tort arising out of collision of two motor vehicles in a street intersection.

At the close of the plaintiff’s evidence the defendant moved for judgment as of nonsuit on the stated ground that the plaintiff’s evidence discloses he was contributorily negligent as a matter of law. The motion was allowed. The single question presented for review is whether this ruling was correct.

It is firmly established by the decisions of this Court that a motion for nonsuit on the ground of contributory negligence shown by the plaintiff’s evidence will be allowed only when the evidence is so…