...negligence. On the last trial, from which this appeal is prosecuted, the trial court charged the jury as a matter of law, that plaintiff was guilty of contributory negligence, and the correctness of this charge involves the material question at issue. All the evidence upon this...

...NW 581). We do not think it should be held, as a matter of law, that the directions of the master's representative did not amount to a promise to repair,...by the master's temporary assumption of the risk. It is clear that, if the mere use of the dull tongs under the surrounding circumstances of peril constituted...

...by this record respecting plaintiff's conduct were not such as to warrant the court in determining as a matter of law that plaintiff was guilty of contributory negligence. That matter should have been submitted to the jury. Respecting defendants' negligence, the act which...

...question, that plaintiff did not try to beat the engine across the crossing, the court could not say, as a matter of law, that plaintiff was guilty of contributory negligence for so doing. Id. 3. Nor did the court err in modifying a request of defendant that if plaintiff whipped...

...counsel argues that plaintiff should have driven into that space and stopped. We do not think we can say as a matter of law that plaintiff was guilty of contributory negligence for not driving on to the side track or into the space between the west-bound track and side track...

...the most favorable construction for the plaintiff, we cannot agree with the trial court in holding as a matter of law that plaintiff was guilty of contributory negligence. The court evidently construed his testimony quoted as showing no care for his safety. A careful reading...

...that the position of the defendant is unsound, for two reasons: First, I dp not think it can be held, as a matter of law, that plaintiff was guilty of contributory negligence ; second, plaintiff's negligence, if contributors', was not so connected with his injury as to bar...

...to this court for review, chiefly upon the ground that the undisputed testimony clearly establishes, as a matter of law, that plaintiff was guilty of contributory negligence, and a verdict should therefore have been directed for defendant. It is conceded by defendant's counsel...

...of testimony tending to establish its truth. Under this state of facts we think it cannot be said, as a matter of law, that plaintiff was guilty of contributory negligence. See Palmer v. Railroad Co., 56 Mich. 1; Ryan v. Railway Co., 123 Mich. 597; Smith v. Railroad Co.,...

...152 Mo. 382. We think the charge to the jury required too high a standard of care. 2. Can it be said as a matter of law that plaintiff was guilty of contributory negligence ? This contention of the defendant is based upon the claim that plaintiff knew all about the conditions...