Morburger v. Eck Miller Contract Co.

LATIMER, Justice.

Appellant brought this action against ap-pellee seeking to recover $5,000 for per*642sonal injuries. From judgment in favor of appellee, this appeal is prosecuted.

The appeal deals only with Instruction 5, which reads:

“5. The Court instructs the jury that at the time, place and on the occasion referred to in the evidence it was the duty of the plaintiff, Charles Morburger, to exercise ordinary care for his own safety and that duty included the following duties :

“(a) To keep himself a reasonably safe distance from the immediate vicinity of the unloading operation referred to in the…