Hemphill v. Standard Oil Co.

Upon consideration of tbe evidence offered at tbe trial of this action, as set out in tbe case on appeal, we are of tbe opinion that there was .error in tbe refusal of tbe trial court to allow defendant’s motion for judgment as of nonsuit, at tbe close of all tbe evidence. C. S., 567. There was no evidence tending to show that defendant was negligent as alleged in tbe complaint, but conceding that there was such evidence, all tbe evidence tends to show that plaintiff, by bis own negligence, contributed to tbe injuries wbicb be testified that be has sustained, and that plaintiff, when be…