Perkins v. Cook

In their brief the defendants concede that the evidence offered by the plaintiff is sufficient to carry the case to the jury on the issue of negligence by Ruth Cook, and that the nonsuit was error unless it can be supported on the ground of contributory negligence by the plaintiff. We are in accord with this conclusion. The defendants do not concede, of course, that the facts with reference to negligence by Ruth Cook are as the plaintiff’s evidence indicates, and we do not so suggest, that being a question to be determined by the jury.

A judgment of nonsuit on the ground of contributory…