Eckel v. Richter

The defendant contends, first, that the plaintiff was guilty of contributory negligence as a matter *412of law. Without reciting the evidence at length, it is sufficient to say that there was a clear conflict in the evidence. If the jury had believed the evidence which was offered to sustain the defendant’s claims, they might well have found for the defendant. On the other hand, if they believed the evidence offered to sustain the claim of the plaintiff, there was ample evidence to sustain that finding. Under such circumstances the court cannot say as a matter of law that the plaintiff was guilty…