14 Utah 282 | Utah | 1896
This action was instituted by the plaintiff to recover compensation for an injury caused, as alleged, by the negligence of the defendant in constructing and maintaining a defective and dangerous track, to be used in the prosecution of his work while in the employ of the
While the defendant may have been guilty of negligence that contributed, to the injury complained of, it is clear that the plaintiff’s negligence also contributed to the same injury. As to plaintiff’s want of reasonable care, the evidence leaves no room for doubt or a difference among fair-minded men. The jury should be permitted to find as to the existence of any essential fact as to which there may be a substantial conflict in the evidence; but when there is no evidence of the existence of a fact essential to a recovery, or when the evidence establishes a fact fatal to a recovery, with such certainty as to leave no reasonable doubt in the minds of fair men, the court should grant a motion for a non-suit, or, if the case is submitted to the jury, instruct a verdict for the defendant. Railway Co. v. Ives, 144 U. S. 408; Schofield v. Railway Co., 114 U. S. 615.
We find no error in this record. The judgment is affirmed.