Burke v. Town of Lawton

Faville, J. —

I. The appellant is a town of about 300 inhabitants. Appellee is a man approximately 70 years of age. He was employed by a lumber company at the work of unloading tile. On the 18th day of December,’ 1926, he was returning from his place of employment to his home, when he passed’ over the sidewalk in question, and slipped and fell, breaking the fe.mur bone of one leg. Appellant moved for a directed verdict, which motion was overruled; and it is urged on appeal that the court erred in not sustaining said motion on the ground that the appellee was guilty of contributory negligence.…