McNamara v. North Pacific Railroad
EDWARD McNAMARA and MINNIE McNAMARA v. THE NORTH PACIFIC RAILROAD COMPANY, J. B. LOW and A. K. GRIM
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
The presence or absence of negligence on the part of defendant and of contributory negligence on the part of plaintiff, were questions of fact to be passed on by the jury in view of all the circumstances proved.
These questions were practically taken from the jury by the instructions of the court, and we must, therefore, reverse the order denying a new trial. (Perry v. S. P. R. R. Co., ante, p. 578.)
Judgment and order reversed, and cause remanded.