concurred in the result, because the only ruling in matter of law requested or made at the trial on the question whether the defendant was entitled to a verdict, by reason of contributory negligence of the plaintiff, was upon a motion made at the close of the plaintiff’s evidence and before the defendant had rested its case, and therefore, by the settled rule,.could not be the subject of exceptions or error; Columbia Railroad v. Hawthorne, 144 U. S. 202, 206; Bogk v. Gassert, 149 U. S. 17, 23; and because the instructions given and duly excepted to'were sufficiently favorable to the defendant.