Eyler v. Adolph Beauty System, Inc.

“A party cannot walk upon an obstruction which has been made by the fault of another and avail himself of it, if he did not himself use common and ordinary caution.” Sugar v. Traub, 233 Md. 320, 323, quoting Sutton v. Baltimore, 214 Md. 581, 584.

Judge Menchine felt the appellant to be in the position of the party in the quotation and made him understandably unhappy by taking from him the fruits of a jury’s verdict in his favor, by the granting of a judgment n.o.v. We think he was right in so doing.

Appellant went out on a very cold February evening to replenish the family larder at a…