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RICHMOND & DANVILLE RAILROAD v. POWERS

No. 200.

149 U.S. 43 (1893)

13 S.Ct. 748

37 L.Ed. 642

RICHMOND AND DANVILLE RAILROAD COMPANY, v. POWERS.

Supreme Court of United States.

Decided April 17, 1893.

Attorney(s) appearing for the Case

Mr. Pope Barrow for plaintiff in error.

Mr. Henry Jackson and Mr. T.J. Leftwich filed a brief for plaintiff in error.

Mr. Hoke Smith for defendant in error.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

The only error assigned is in the refusal of the court to instruct the jury as requested, substantially that the deceased was guilty of such contributory negligence as to prevent a recovery. It is well settled that where there is uncertainty as to the existence of either negligence or contributory negligence, the question is not one of law, but...

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