McAlpine v. Laydon

Citations

• 115 Cal. 68
• 46 P. 865
• 1896 Cal. LEXIS 972

Syllabus

<p>Negligence — Contributory Negligence — Nonsuit — Conflicting Evi. deuce—Order Granting New Trial.—Where there is some evidence on behalf of the plaintiff tending to show negligence on the part of the defendant, and to negative contributory negligence on the part of the plaintiff, the question of negligence and contributory negligence should be submitted to the jury, notwithstanding a sharp conflict of evidence on both subjects in the evidence presented by different witnesses called by the plaintiff; and it is error to grant a nonsuit in such case, and an order granting a new trial for such error will be affirmed.</p>