...was walking along one of the public streets in the city of Big Rapids, between six and seven o'clock the time of the accident, and whether he did not,...raised a question of law, which it was the duty of the trial judge to decide. If, at the time the plaintiff closed his proofs, there was no evidence upon...

...moving across Baldwin Street at a high rate of speed. I have given above substantially all the testimony tending to prove that the deceased was in the exercise of ordinary care. It shows conclusively, and without contradiction, — 1. That the deceased was a man possessed of the...

...establish a right to recover: Chicago etc. R'y Co. v. Lewis, 109 111. 120. It was incumbent on him to prove that the deceased was in the exercise of ordinary care. He showed that, at the time of his death, the deceased was a trespasser upon the right of way of the...

...to the passing car; second, that the injury was caused solely thereby; and third, that the plaintiff was in the exercise of ordinary care at the time of the injury. 1. It is contended that the plaintiff was guilty of contributory negligence; and that, as the...

...prejudiced by its refusal. By the fourth instruction the jury were told that, if the plaintiff had failed to prove that the deceased was in the exercise of ordinary care and prudence for his own safety, she could not recover. The legal effect of a want of ordinary care...

...third floor above the elevator shaftway. The leading defense in the case was that the appellee was not in the exercise of ordinary care at the time of the accident, but was himself guilty of negligence in attempting to reach the north stairway without a light when...

...the court therein told the jury "that there is a legal presumption that the deceased, Robert E. Lee, was in the exercise of ordinary care at the time" of the accident. The objection to this statement in the instruction is that it misled the jury under the evidence and legitimate...

...recover from the master as the result of a situation caused by his own carelessness. He must have been in the exercise of ordinary care at the time of the accident, and the burden of establishing this fact was upon the plaintiff. The court found, as a matter of law,...

...remark also that other instructions clearly informed the jury that appellee could not recover unless he was in the exercise of ordinary care at the time of the accident. It is also urged that the right of recovery is predicated upon the failure of appellant to use ordinary...

...of the opinion of the court that there was no evidence showing that the deceased was, when injured, in the exercise of ordinary care. At the time of the accident the deceased was, with a Mr. Benedict and a Mr. Glover, crossing the tracks of appellee at the intersection...