...with his person at the place where he sat. We think, under these circumstances, it cannot be said, as a matter of law, that he was guilty of contributory negligence, and for this reason the peremptory instruction was properly refused. It was contended by appellant upon...

...enable him to appreciate his peril and avoid it by the exercise of ordinary care, It must be held, as a matter of law, that he was guilty of contributory negligence, and assumed the risks incident to continuing bis work while the shaft was revolving. If such were the case,...

...to warn him of the danger incident to his work, and in failing to instruct him how to use the saw, and that such negligence was the direct and proximate cause of his injuries. In his second cause of action Hadaller alleged, in addition to the matters set up in his...

...engine while it was in motion, and that, because he did so, the trial court should have declared, as a matter of law, that he was guilty of contributory negligence, and could not recover. But this contention ignores important evidence, which this record contains, showing...

...case, the defendant moved for a nonsuit on the grounds, among others, that his evidence showed, as a matter of law, that he was guilty of contributory negligence and assumed the risk. The motion was granted, and Judgment entered for the defendant. Plaintiff appeals....

...because he was enveloped by the smoke and steam from the engine. HdA, that it could not he said, as matter of law, that he was guilty of contributory negligence, and that the question was properly submitted to the jury to determine under all the circumstances of the case....

...through the window, from the outside. The court could not, under the evidence of plaintiff, declare, as a matter of law, that he was guilty of contributory negligence, and therefore not entitled to recover. The evidence, we think, in the concrete case, was of such a character...

...chargeable with knowledge that the bumper beam extended over the platform. It cannot be said, therefore, as a matter of law, that he. was guilty of contributory negligence, and, being a question of fact, the conclusion of the jury should not be disturbed upon this motion. The...

...engine while it was in motion, and that, because he did so, the trial court should have declared, as a matter of law, that he was guilty of contributory negligence, and could not recover. But this contention ignores important evidence, which this record contains, showing...

...without looking, and if under such circumstances the person was injured the court would adjudge, as a matter of law, that he was guilty of contributory negligence, and he could not recover damages therefor. But if the flagman had done anything to induce such person to...