Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
We are of the opinion that it was error to grant the defendant's motion for a nonsuit and dismissal at the close of the plaintiff's case. Ordinarily, the question of negligence and contributory negligence is one of fact to be determined by a jury. The evidence presented on behalf of the plaintiff is such that it cannot be said the defendant was...
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