Northern Pac. Ry. Co. v. Robison

HEALY, Circuit Judge

(dissenting).

The question of decedent’s want of ordinary care was submitted to the jury under proper instructions and was resolved against appellant. Thus the sole inquiry is whether his contributory negligence was established as a matter of law. For the *355reasons clearly and fairly stated by the trial judge in his published opinion I think the question was for the jury. The judgment should be affirmed.