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WESTERN UNION TELEGRAPH CO. v. MORRISEY

No. 3252.

92 F.2d 414 (1937)

WESTERN UNION TELEGRAPH CO. v. MORRISEY.

Circuit Court of Appeals, First Circuit.

October 19, 1937.

Attorney(s) appearing for the Case

Arthur P. Hardy, of Boston, Mass. (Francis R. Stark, of New York City, of counsel; Hardy, Hall & Iddings, of Boston, Mass., on the brief), for appellant.

John M. Russell, of Boston, Mass. (William E. Bennett, Jr., of Boston, Mass., on the brief), for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

PER CURIAM.

The question to be considered in this action of tort for personal injuries is whether on the evidence the question of contributory negligence was one of fact for the jury or one of law for the court. The District Court, in denying the defendant's motion for a directed verdict, ruled that it was one of fact for the jury. This was not error. There was evidence from which the jury could find that at the time or just before the plaintiff stepped from the sidewalk...

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