Wing

Plaintiff appeals from a judgment of non-suit rendered against him in an action to recover damages for personal injuries. In granting defendant’s motion :for a nonsuit, the learned judge of the trial court stated the reasons therefor in the following language: “The motion for a nonsuit has been made in this case on the ground of contributory negligence of the plaintiff, and this motion,' in the court’s judgment, must be granted. There is no question in my mind "that the plaintiff was grossly negligent in his actions that night. His testimony shows that he came down from the synagogue, went straight down Harrison Street, leaving two streets in which he had a clear right of way; that he crossed these railroad tracks and went into a place of danger; that he saw, as he turned into Third Street, this car standing on the track in front of his house, nearly six hundred feet away; that he walked then seventy-five to one hundred feet, and then crossed the spur-track, and that he either did not look or he walked directly into the car that was coming, looking directly at it, and there can he no recovery in a case of that kind. The court finds, as a question of law, that there was…