Guido v. Delaware, Lackawanna & Western Railroad

Judgment and order reversed upon the law and facts and verdict of the jury reinstated, with costs. Memorandum: The plaintiff has appealed from an order which set aside a verdict in his favor and which granted a motion for a directed verdict in favor of the defendant, dismissing the complaint. The appeal is also from the judgment in favor of the defendant. The ground on which the verdict was set aside and complaint dismissed, upon the motion for a directed verdict, was that the plaintiff had not proved freedom from contributory negligence. An examination of the evidence convinces us that the…