Gerritsma v. Vogelaar

LAZAR, J. pro tem.*

This is an appeal from a judgment of nonsuit against plaintiff and in favor of defendant after the latter’s motion therefor upon the completion of plaintiff’s presentation of evidence, the trial court sitting without a jury. The motion was made upon the grounds that plaintiff had failed to establish a prima facie case of culpable negligence against defendant and that plaintiff’s evidence showed her to be guilty of contributory negligence as a matter of law. Plaintiff urged below and upon this appeal that a prima facie case was made out and also that the case is one to which…